Allowed

Ajai Verma and 2 others v. State of U.P. and another

Allahabad HC17 Jan 2019A482/1905/2019

Case brief

AI extract

What is this about?

This Criminal Misc. Application under Section 482 CrPC sought quashing of criminal proceedings initiated under Section 406 IPC in a matrimonial dispute. The High Court allowed the application, quashing the proceedings after recording that a compromise was reached and money settled between parties, citing Supreme Court precedents permitting quashing of private disputes.

What did the court decide?

The proceedings of Criminal Case No. 1891/IX of 2017 are quashed.

Ajai Verma and 2 others Vs State of U.P. and another — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 25

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Case :- APPLICATION U/S 482 No. - 1905 of 2019

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Applicant :- Ajai Verma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawan Singh Pundir,Lokesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Vakalatnama filed today by Sri Vijay Kumar on behalf respondent no. 2 is taken on record.

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The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the entire proceedings of Criminal Case No. 1891/IX of 2017, Meenu Verma Vs. Ajai Verma and others, under Section 406 I.P.C. P.S. Kairana, district Muzaffar Nagar, pending in court of A.C.J.M., Kairana, Muzaffar Nagar, on the ground that a compromise has been entered into between the parties on 22.9.2018.

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Heard learned counsel for the applicants, Sri Vinay Kumar, learned counsel for respondent no. 2 and learned A.G.A. for the State. Perused the records.

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O.P. No. 2 filed a complaint dated 13.5.2010 and launched criminal proceeding of Case No. 1076/IX of 2010, Meenu Verma Vs. Ajai Verma and others, u/s 406 I.P.C. at Police Station Kairana, District Muzaffar Nagar, against the applicants before the A.C.J.M., Kairana, Muzaffar Nagar. A compromise has taken place between between both the parties on 22.9.2018, which is Annexure no. 2 to the affidavit. On the basis of the compromise the applicants have given the money through cheques on 12.9.2018 to O.P. No. 2 and in this regard O.P. No. 2 has written a letter on 27.9.2018, which is Annexure no. 3 to the affidavit. Under the above compromise no offence is made out against the applicants. The applicants are of no criminal antecedent. It is a matrimonial dispute, which has been solved by way of mediation.

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Learned counsel for O.P. No. 2 has admitted the compromise entered into between the parties and no other litigation between them.

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Learned counsel for the applicants prays that the since the parties have settled their dispute, the entire proceedings of above mentioned criminal case may be quashed.

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Learned A.G.A. has also no objection in view of Hon'ble

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Supreme Court's judgment rendered in Gian Singh Versus State of U.P., (2012) 10 SCC 303; B.S. Joshi and others Versus State of Haryana and another, (2003) 4 SCC 675, Madan Mohan Abbot Versus State of Punjab, (2008) 4 SCC 582; and Narinder Singh and others Vs. State of Punjab and another, 2014(6) SCC page 466.

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In all the aforesaid cases the Apex Court has reiterated the law that criminal proceedings may be quashed even in noncompoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial disputes and it is not related to a heinous offence, the proceedings may be quashed.

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Keeping in view the fact that the parties have put to an end their all disputes by means of settlement, the continuance of criminal proceedings between them is nothing but an exercise in futile.

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In view of the above, application is allowed and the proceedings of the above mentioned case are hereby quashed.

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Order Date :- 17.1.2019 Pcl

Ajai Verma and 2 others v. State of U.P. and another

Case brief

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Ajai Verma and 2 others v. State of U.P. and another

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