Allowed

Ranjeet Kumar Gond and 4 Others v. State of U.P. and Another

Allahabad HC4 Dec 2019A482/17833/2013

Case brief

AI extract

What is this about?

This single-judge order granted an application under Section 482 Cr.P.C. for quashing criminal proceedings in a matrimonial dispute. Quashing was directed after the court found that an amicable settlement and compromise between the parties were made.

What did the court decide?

The crs. complaint dated 14.11.2008 lodged in Crl. Complaint Case No.5136 of 2009 and the entire proceedings registered in its pursuance are quashed.

Ranjeet Kumar Gond and 4 Others Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 17833 of 2013

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Applicant :- Ranjeet Kumar Gond And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Rai Counsel for Opposite Party :- Govt. Advocate,Nagendra Kumar Singh

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Hon'ble Rajul Bhargava,J.

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Heard Sri Pradeep Kumar Rai, learned counsel for the applicants, Sri Nagendra Kumar Singh, learned counsel for opposite party no.2 as well as learned A.G.A. for the Stateopposite party no.1 and perused the material placed on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the complaint dated 14.11.2008 as well as the entire proceedings registered in its pursuance as Criminal Complaint Case No.5136 of 2009 (Suman Kashyap Vs. Ranjeet Kumar Gond and others), under Sections 323, 498-A, 506 I.P.C., Police Station- Kotwali, District- Ghazipur, pending in the Court of Additional Chief Judicial Magistrate, Ghazipur.

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Learned counsels for the parties have submitted that essentially, the dispute between the parties is a matrimonial one and both the sides have entered into compromise. A compromise has been filed in the Family Court, Ghazipur in O.S. No.227 of 2008. The said suit has been decreed in which as a one time settlement towards maintenance Rs.7 lakhs have been paid to opposite party no.2. In view of compromise between the parties, proceedings under Section 125 Cr.P.C. being Case No.117 of 2017 filed by opposite party no.2 has also been dropped. Therefore, in terms of the compromise deed, the parties have agreed to withdraw all the cases against each other including the present case so that they may live amicably and peacefully.

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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 applicants 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.

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I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.

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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.

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Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed .

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Order Date :- 4.12.2019 Vikas

Ranjeet Kumar Gond and 4 Others v. State of U.P. and Another

Case brief

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Ranjeet Kumar Gond and 4 Others v. State of U.P. and Another

Case brief

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