Allowed

Lalit and 3 Others v. State of U.P. and Another

Allahabad HC28 Nov 2018A482/19309/2018

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What is this about?

Application under Section 482 CrPC seeking quashing of proceedings in a domestic violence/dowry case was allowed. The court found a successful mediation resulting in a settlement, making further criminal prosecution unnecessary as the dispute was purely personal and family-based.

What did the court decide?

Proceedings under Complaint Case No. 1470 of 2017 are hereby set aside.

Lalit and 3 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 55

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Case :- APPLICATION U/S 482 No. - 19309 of 2018

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Applicant :- Lalit And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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This application has been filed challenging the entire proceeding of Complaint Case No. 1470 of 2017 (Smt. Mahendri Vs. Lalit and others), U/s 498-A, 377, 354, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Bulandshahar pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Bulandshahar.

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On the request of learned counsel for the applicants, another Bench of this Court, vide order dated 31.5.2018 had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 14.8.2018 had reported that mediation between the parties has been successful whereby settlement agreement has been entered into between the parties, copy of which report is on record.

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Learned counsel for the applicants has argued that the on the basis of compromise the husband and wife parted away their way on 8.8.2018 and now there is no rival claim between them, in view of this, as the matter has been compromised, therefore, the present case be finally decided.

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In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 14.8.2018, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) , the proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly allowed.

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Order Date :- 28.11.2018 Shekhar

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[Chandra Dhari Singh, J.]

Lalit and 3 Others v. State of U.P. and Another

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Lalit and 3 Others v. State of U.P. and Another

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