Criminal proceedings under Sections 451, 323, 356, 379, 34 IPC arising from a matrimonial dispute were quashed as the parties had entered into a compromise, rendering further legal action unnecessary.
The proceedings of Case No.8774 of 2017 under Sections 451, 323, 356, 379, 34 IPC are quashed.
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Court No. - 51 Case :- APPLICATION U/S 482 No. - 24318 of 2017 Applicant :- Siddharth Gupta And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Tiwari,Vikrant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Supplementary affidavit field today is taken on record.
Heard Sri Vikrant Pandey, learned counsel for the applicants and Sri V. K. Pandey, learned AGA appearing for the State.
This application has been filed with the prayer to quash the proceeding of Case No.8774 of 2017(State Vs. Siddharth Gupta and others), under Sections 451, 323, 356, 379, 34, IPC, Police Station Dwarka South, District Delhi, pending before the Chief Judicial Magistrate, Allahabad.
The contention of the counsel for the applicant is that there is matrimonial dispute between the parties. He further contended that both the husband and wife have entered into a compromise, copy of the compromise has been annexed as annexure no.SA-1 to the supplementary affidavit dated 13.08.2019. I have perused the said affidavit, which was signed on 17.05.2019.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them. The matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 17.05.2019, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) , the proceedings of the aforesaid case is hereby set aside. The present application is accordingly allowed in view of the compromise.
The proceeding of Case No.8774 of 2017(State Vs. Siddharth Gupta and others), under Sections 451, 323, 356, 379, 34, IPC, Police Station Dwarka South, District Delhi, is hereby quashed.
In case, any of the parties have any problem with this order, liberty is give to the said party to file a recall application before this Court itself.
Order Date :- 18.9.2019/VKG
1 issue framed by the court
Whether criminal proceedings under petty offences arising from a matrimonial dispute should be quashed in view of a settlement between the parties.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of HaryanaReferred¶8
2003(4) SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of investigation and anotherReferred¶8
J.T., 2008(9) SC 192 · Who else cites this
Siddharth Gupta And 3 Others
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
