High Court granted application under Section 482 Cr.P.C. to quash criminal proceedings in a matrimonial dispute upon withdrawal of petition after mutual settlement, citing abuse of process and private nature of offense.
Quashing of entire proceedings of Case No. 4613 of 2010 arising out of Crime No. 08 of 2008 against applicants.
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. - 74
Case :- APPLICATION U/S 482 No. - 19583 of 2011
Applicant :- Sandip Kumar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupak Chaubey,Sunil Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Devesh Kumar
Hon'ble Om Prakash-VII,J.
Certified copy of verification report filed today is taken on record.
Heard Shri Sunil Kumar Singh, learned counsel for the applicants and Shri Ranjeet Kumar Yadav, Advocate holding brief of Shri Devesh Kumar, learned counsel for the opposite party no. 2 as well as learned AGA for the state.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 30.04.2008 as well as entire proceeding of Case No. 4613 of 2010, arising out of Case Crime No. 08 of 2008, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Sarnath, District- Varanasi pending in the court of Additional Chief Judicial Magistrate-V, Varanasi.
Pursuant to order dated 18.11.2019, the parties appeared before the court below on 27.11.2019 for verification of settlement / compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 13.08.2019.
It is submitted by learned counsel for the applicant that it is a matrimonial dispute and all the disputes and differences have been settled between the parties. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served by keeping the matter pending. In support of his contention, learned counsel for the applicant has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.
On the other hand, learned counsel for the opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
In all the aforesaid cases, the Apex Court has laid down 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 dispute and it is not related to heinous offence, the proceedings may be quashed.
Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the above, the Application u/s 482 Cr.P.C. is allowed.
The entire proceedings of Case No. 4613 of 2010, arising out of Case Crime No. 08 of 2008, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Sarnath, District- Varanasi pending in the court of Additional Chief Judicial Magistrate-V, Varanasi against the applicants are quashed in terms of compromise arrived at between the parties.
Order Date :- 12.12.2019 Sanjeet
2 issues framed by the court
Whether criminal proceedings in a matrimonial dispute settled between parties can be quashed under Section 482 Cr.P.C.
Whether continuation of proceedings would constitute an abuse of process of law in light of mutual settlement
Colour shows how this judgement treated each authority
Gian Singh vs. State of PunjabRelied on¶9
Gian Singh vs. State of Punjab, (2012), 10 SCC 303 · Who else cites this
B.S. Joshi and others vs. State of Haryana and anotherRelied on¶9
B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 · Who else cites this
Madan Mohan Abbot vs. State of PunjabRelied on¶9
Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582 · Who else cites this
3 provisions across 3 enactments
Sandip Kumar and Others
Om Prakash
Sanjeet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
