The court quashed criminal proceedings under Section 482 Cr.P.C. after finding that a matrimonial dispute between the applicant and opposite party was settled amicably. The inherent powers under Section 482 were exercised to extinguish the criminal case.
Quashing of the entire criminal proceeding under Section 482 Cr.P.C.
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. - 30810 of 2015 Applicant :- Heerawati And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chand Counsel for Opposite Party :- G.A.,Salilendu Kumar Upadhaya
Hon'ble Rajul Bhargava,J.
Heard Sri Ramesh Chand, learned counsel for the applicant and Sri Salilendu Kumar Upadhaya, learned counsel for the opposite party no.2 and learned A.G.A. appearing for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash entire proceeding of Case No. 1005 of 2015 (Rama Shanker Bind Versus Suresh and others) under Sections 323, 504, 506 and 392 IPC., Police Station Suriyawan, District Sant Ravidas Nagar (Bhadohi), pending in the court of Judicial Magistrate IInd, Bhadohi, Gyanpur.
Learned counsel for the parties have submitted that essentially the dispute between the applicants and opposite party no.2 arises out of matrimonial dispute inasmuch applicant no.2, Asharfi Devi is the daughter-in-law of opposite party no.2. Applicant no.2 has instituted proceeding against opposite party no.2 and her other in-laws. It is stated that now they have settled their differences and have arrived at a compromise. In supplementary counter affidavit, opposite party no.2 has admitted factum of compromise.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another i n Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed. Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 18.11.2019
MN/-
1 issue framed by the court
Whether the criminal proceedings under Sections 323, 504, 506 and 392 IPC arising from a matrimonial dispute can be quashed upon settlement after hearing under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh vs State Of Punjab and anotherFollowed¶8
Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012
2 provisions across 2 enactments
Heerawati And 4 Others
State of U.P.
Sh. Suresh and others
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
