In this criminal application under Section 482 CrPC, the court considered a matrimonial dispute where parties had reached a settlement and a divorce decree was already passed. The court quashed the criminal proceedings given the amicable compromise.
The proceedings in Case No.155 of 2010 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 19074 of 2013
Applicant :- Dineysh Agrawaal D.K. Agrawal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jag Narayan Sharma,Jai Narain Sharma
Counsel for Opposite Party :- Govt. Advocate,Ajay Kumar Pandey,Capt Seema Singh,Vinay Kumar Singh
Hon'ble Rajul Bhargava,J.
Heard Sri P.K. Khare, holding brief of Sri Jai Narain Sharma, learned counsel for the applicants, Sri Ajay Kumar Pandey, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed for quashing the orders dated 30.6.2012 and revisional order dated 18.4.2013 passed by learned Chief Judicial Magistrate, Agra and Vth Sessions Judge, Agra respectively and discharge the applicants out of the proceedings of Case No.155 of 2010 (State vs. Anupm Agrawaal and others), arising out of Case Crime No.893 of 2009, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of D.P. Act, Police Station- New Agra, District Agra.
It appears that a joint affidavit had been filed from the side of husband, applicant no.2 and wife, opposite party no.2 that they have entered into compromise. Learned counsel for the applicants had admitted that the same is not signed by all the accused, hence it was directed that a written compromise shall be filed signed by the complainant on one side and signed by all the accused on the other side.
Pursuant to the aforesaid order, a compromise in the terms as directed by the Court has been filed today, which is taken on record.
It is contended by learned counsels for the parties that the matter relates to matrimonial dispute between applicant no. 2 and opposite party no. 2, who are the husband and wife; it is further argued that a divorce decree has already been passed by the Family Court, Lucknow and both of them are living separately. It is further 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 in terms of compromise arrived at between them.
I have heard learned counsel for the parties and perused the averments made in the first information report which transpires that applicants and opposite party no.2 have settled their dispute amicably and entered into compromise.
Therefore, 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 proceedings in the aforesaid case are hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C. is, accordingly, allowed .
Order Date :- 22.11.2019 Vikas
1 issue framed by the court
Whether proceedings under sections 498-A, 323, 504, 506 IPC and D.P. Act should be quashed in light of a valid compromise and pending divorce proceedings.
Colour shows how this judgement treated each authority
Gian Singh vs State Of Punjab and anotherReferred¶13
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
Dineysh Agrawaal
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
