The Court quashed criminal proceedings under Sections 498A, 323, 504, and 506 IPC initiated in a matrimonial dispute due to a valid compound between the parties, following the law laid down in Gian Singh.
The proceedings in Complaint Case No. 1089 of 2011 were quashed in exercise of inherent power under Section 482 Cr.P.C.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 14577 of 2013
Applicant :- Firoj Ahmad Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- Govt. Advocate,Hari Krishan Rajesh
Hon'ble Rajul Bhargava,J.
Heard Sri Rajeev Upadhyay, learned counsel for the applicants, Sri H.K. Rajesh, learned counsel for opposite party no.2 as well as learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Complaint Case No. 1089 of 2011 (Nazia Khatoon vs. Firoj & another), under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P., Act, Police Station Mohammadabad, District Mau, pending before the Judicial Magistrate, District Mau on the basis of compromise dated 30.10.2019 between the parties.
Learned counsels for the parties have submitted that essentially, the dispute between the parties is a matrimonial one. It is stated that both the sides have settled all their disputes and differences amicably and have entered into compromise. The supplementary affidavit in support of present application has been jointly filed by the applicant and opposite party no.2. The applicant no.1 and opposite party no.2 are now living separately after settling all their differences. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
Learned counsel for the opposite party no.2 has submitted that since both the parties have settled their dispute amicably and opposite party no.2 does not want to prosecute the applicantd any more and has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averments made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed .
Order Date :- 3.12.2019 Vikas
2 issues framed by the court
Whether criminal proceedings under Sections 498A, 323, 504, 506 IPC should be quashed based on a compromise.
Whether the inherent powers under Section 482 Cr.P.C. are exercisable to quash the proceedings given the settlement.
Colour shows how this judgement treated each authority
Gian Singh vs State Of Punjab and anotherFollowed¶10
Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012
1 provisions across 1 enactments
Firoj Ahmad Khan And 5 Others
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
