Allowed

Tara Chandra and 2 Others v. State of U.P. and Another

Allahabad HC17 May 2019A482/19710/2019

Case brief

AI extract

What is this about?

The High Court quashed a non-bailable warrant and underlying criminal proceedings under sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act due to an amicable settlement entered between parties, relying on Supreme Court precedents regarding compounding offences.

What did the court decide?

The proceedings of the aforementioned criminal case are quashed. No order as to costs.

Tara Chandra and 2 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2019)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 19710 of 2019

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Applicant :- Tara Chandra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Sri Ashish Goyal, learned counsel has put in appearance on behalf of the opposite party no.2 by filing his Vakalatnama alongwith counter affidavit dated 15.5.2019 today in the Court, which is taken on record.

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Heard Sri Ajay Kumar, learned counsel for the applicants and Sri Ashish Goyal, learned counsel for the opposite party no.2 and Sri Abhinav Prasad, learned A.G.A.-I for the State-respondent.

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The present 482 Cr.P.C. application has been filed for quashing the Non-Bailable Warrant dated 5.8.2017 passed by Additional Chief Judicial Magistrate, Court No.5 in Criminal Case No.198 of 2018 (State Vs. Tara Chandra and others) arising out of Case Crime No.156 of 201, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Agra, pending in Court Additional Chief Judicial Magistrate, Court No.5, Agra.

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Learned counsel for the applicants submits that during the pendency of proceedings better sense prevail between the parties who have now entered into an amicable settlement, a copy of said settlement/compromise deed dated 1.4.2019 has been annexed as annexure-6 to the affidavit accompanying this 482 Cr.P.C. application.

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Learned counsel for the opposite party no.2 also submits that the matter has been compromised between the parties and she does not want to pursue the matter any further.

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The attention of This Court has been drawn to the following judgements of the Apex Court:-

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1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675

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2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,

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4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303

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5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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In the aforesaid cases, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.

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In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

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The application is, accordingly, allowed. There shall be no order as to costs.

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Order Date :- 17.5.2019 Dev/-

Tara Chandra and 2 Others v. State of U.P. and Another

Case brief

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Tara Chandra and 2 Others v. State of U.P. and Another

Case brief

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