Allowed

Ram Nivas v. State of U.P. and Another

Allahabad HC22 Jul 2019A482/30536/2016

Case brief

AI extract

What is this about?

Single judge allowed application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute. The court held that since the parties had settled the dispute, obtained a divorce, and agreed to drop pending cases, continuing the trial would be an abuse of process.

What did the court decide?

Impugned summoning order dated 11.07.2016 and entire proceedings of Complaint Case No. 14987 of 2015 were quashed.

Ram Nivas Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 30536 of 2016

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Applicant :- Ram Nivas Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Puneet Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Puneet Srivastava, learned counsel for the applicant and learned AGA for the state.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 11.07.2016 passed by learned Chief Judicial Magistrate, Aligarh as well as entire proceeding of Complaint Case No. 14987 of 2015 (Smt. Chanchal Devi Vs. Ram Nivas and others) under Section 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Banna Devi, District Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh in terms of compromise.

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As per report dated 18.06.2017 submitted by Mediation Centre, parties have settled the dispute. Amount agreed before the mediation centre has also been paid. Certified copy of the divorce decree filed today through supplementary affidavit also reveals that marriage between the parties have been dissolved and they have parted their ways. One condition in the agreement dated 18.06.2017 was also that all the cases pending between the parties shall be drawn by taking appropriate steps.

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Keeping in view the aforesaid facts and conditions disclosed in the settlement agreement dated 18.06.2017 as well as divorce decree passed between the parties, I am of the view 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.

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On the other hand, learned AGA opposed the prayer.

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I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

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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.

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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.

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In view of the above, the Application u/s 482 Cr.P.C. is allowed .

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The entire proceedings of impugned summoning order dated 11.07.2016 passed by learned Chief Judicial Magistrate, Aligarh as well as entire proceeding of Complaint Case No. 14987 of 2015 (Smt. Chanchal Devi Vs. Ram Nivas and others) under Section 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Banna Devi, District Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh against the applicant are quashed in terms of compromise arrived at between the parties.

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Order Date :- 22.7.2019 Sanjeet

Ram Nivas v. State of U.P. and Another

Case brief

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Ram Nivas v. State of U.P. and Another

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