This application under S. 482 Cr.P.C. sought quashing of criminal proceedings following a mutual divorce decree. The court held that with the marriage dissolved and disputes settled, no useful purpose would be served by continuing the trial.
Quashing of Complaint Case No. 1936/2015 under Sections 406, 504, 506 IPC.
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Court No. - 26
Case :- APPLICATION U/S 482 No. - 23645 of 2016
Applicant :- Veer Bahadur And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.,Hans Pratap Singh
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today is taken on record
Heard Sri Avdhesh Narayan Tiwari, learned counsel for the applicants, learned AGA for the State and Sri Hans Pratap Singh, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 08.04.2016 and entire proceedings of Complaint Case No. 1936/2015 (Rami Sharan Vs. Veer Bahadur and others), under Sections 406, 504, 506 I.P.C., Police Station Raath, District Mirzapur, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Raath, Hamirpur.
Learned counsel for the applicants has submitted that vide earlier order of this Court dated 8.8.2016, the matter was referred to Mediation Centre. The mediation centre vide its report dated 12.4.2017 has reported that an Interim Settlement Agreement has been arrived at between the parties and the parties have agreed to file mutual divorce petition, under Section 13-B of Hindu Marriage Act, before the concerned Court at Hamirpur within two weeks from today and shall also produce the certified copies of the same at the time of final settlement on the next date fixed i.e. 3.5.2017. It has further been agreed between the parties that the remaining amount i.e. Rs.50,000/- (rupees fifty thousand only) shall be paid as second installment by Sri Manvendra (S/o Ram Sharan-O.P. No. 2 husband) to Smt. Pushpa Devi (Applicant No. 4-wife) at the time of final judgment of the divorce petition under Section 13-B of Hindu Marriage Act, mutually filed by the parties before the concerned Court at Hamirpur. It has also been agreed between the parties that the cases filed by them against each other shall be kept in abeyance during this intervening period.
Learned counsel for the applicants states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Supplementary affidavit has been filed today in which it has been stated that according to the Interim Settlement Agreement, a divorce petition with the mutual consent was
filed before the Principal Judge, Family Court, Hamirpur which was numbered as Matrimonial Petition No. 66 of 2017, under Section 13B Hindu Marriage Act. The said petition was allowed vide order dated 11.12.2017 and the marriage was dissolved between the parties. Learned counsel for the applicants requested that in the light of the order dated 11.12.2017 passed by Principal Judge, Family Court, Hamirpur, the entire criminal proceedings may be quashed.
Sri Hans Pratap Singh, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore, on the basis of order dated 11.12.2017 passed by Principal Judge, Family Court, Hamirpur, the Hon'ble Court may kindly be quashed the entire proceedings of the aforesaid case and he has no objection in case the entire proceedings of the present case are quashed.
In view of the fact that the parties do not want to pursue the case any further as has been settled before the Principal Judge, Family Court, Hamirpur and in view of the interim settlement agreement dated 12.4.2017 and the order dated 11.12.2017 passed by the Principal Judge, Family Court, Hamirpur, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings in Complaint Case No. 1936/2015 (Rani Saran Vs. Veer Bahadur and others), under Sections 406, 504, 506 I.P.C., Police Station Raath, District Mirzapur, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Raath, Hamirpur, is hereby quashed.
The present application is, accordingly, allowed .
Order Date :- 16.11.2018 Rmk.
3 issues framed by the court
Whether the criminal proceedings under Sections 406, 504, 506 IPC should be quashed in light of the mutual divorce decree.
Whether the principle of quashing applies where parties have amicably settled the dispute through a family court order.
Whether serving the purpose of the complaint case is defeated by the dissolution of marriage.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of HaryanaApplied¶14
2003(4) SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Burea of InvestigationApplied¶14
J.T. 2008 SC 192 · Who else cites this
Gian Singh Vs. State of PunjabApplied¶14
(2012)10 SCC 303 · Who else cites this
Narinder Singh & others Vs. State of PunjabApplied¶14
2014 Supreme Today 642
1 provisions across 1 enactments
Veer Bahadur
Rami Sharan
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
