Allowed an application to quash criminal proceedings under Sections 498-A IPC, 323 IPC and D.P. Act. The court held that with a compromise, further criminal proceedings would not serve any purpose.
The entire proceedings of Complaint Case No. 1214 of 2015 under Sections 498-A, 323 IPC and Section 3/4 D.P. Act are hereby quashed.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 3148 of 2017
Applicant :- Siddharth Paliwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Kesh Mani Dubey
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and the learned A.G.A., and learned counsel for the opposite party No. 2.
This application under Section 482 Cr.P.C has been filed for quashing the proceedings of Complaint Case No. 1214 of 2015 (Shipra Paliwal Vs. Siddharth Paliwal) under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Kakadev, District Kanpur Nagar, pending in the court of 1st Additional Civil Judge (S.D.), Kanpur Nagar.
This is a matrimonial dispute. Compromise affidavit has been filed by the parties stating that the matter has been settled between them through mediation.
In this case, matter has been settled between the parties, therefore, no fruitful purpose would be served in keeping this matter pending any further.
In view of the law laid down by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501, the entire proceedings of Complaint Case No. 1214 of 2015 (Shipra Paliwal Vs. Siddharth Paliwal) under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Kakadev, District Kanpur Nagar is hereby quashed.
Accordingly application under Section 482 Cr.P.C., is allowed.
Order Date :- 7.12.2018 Jaswant
2 issues framed by the court
Whether criminal proceedings for dowry harassment and cruelty can be quashed on account of a compromise between the parties.
Whether the filing of a compromise affidavit in a matrimonial criminal dispute serves any purpose in keeping the matter pending.
Colour shows how this judgement treated each authority
Social Action Forum for Manav Adhikar and Another Vs. Union of IndiaApplied¶9
Social Action Forum for Manav Adhikar and Another Vs. Union of India 2018 SCC Online SC 1501 · Who else cites this
1 provisions across 1 enactments
Siddharth Paliwal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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