Allowed

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

Allahabad HC13 Sept 2019A482/14331/2017

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What is this about?

This High Court quashed criminal proceedings u/s 482 CrPC, accepting that a compromise had been reached between parties in a divorce-related case, relying on settled Supreme Court precedents regarding settlement in matrimonial disputes under Section 498A IPC.

What did the court decide?

Proceedings of criminal case nos 50/2014 in connection with crime no 164 of 2013 u/s 498A IPC were set aside.

Akhlesh and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 14331 of 2017

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Applicant :- Akhlesh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.,Kulveer Singh

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Hon'ble Vipin Sinha,J.

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Heard Sri Pavan Kumar, learned counsel for the applicants, Sri Kulveer Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present application u/s 482 Cr.P.C. has been filed for quashing the entire proceeding of criminal case no.50/2014 in connection with case crime no.164 of 2013 u/s 498A, 324, 323 IPC PS Mahila Thana District Bijnor pending before Addl. Chief Judicial Magistrate, Court No.2 Bijnor arising out of charge sheet dated 6.1.2014.

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Contention of the learned counsel for the applicants is that the parties have entered into the compromise and it was in this view of the matter that an order was passed by this Court on 9.5.2017 wherein the earlier Bench of this Court has issued direction to the following effect:-

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"Let the compromise be filed before the concerned court to verify the same after issuing notice to the parties, which exercise shall be completed within a period of two months from today under intimation of this Court."

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Today when the case has been taken up, a supplementary affidavit has been filed annexing therewith the order dated 8.7.2017 passed by the ACJM, Court No.1, Bijnor, duly verifying the compromise. It has been mentioned in the supplementary affidavit that the compromise has been taken place between the parties. Copy of the said order is at page 8 of the said supplementary affidavit. Copy of the said order along with the verification report filed is taken on record.

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Thus, keeping in view the fact that compromise has been taken place between the parties and 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. Joshi Vs. State of Haryana), J.T. and 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 allowed as prayed.

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Order Date :- 13.9.2019 SP

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

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