Allowed

Manoj and 3 Others v. State of U.P. and Another

Allahabad HC9 May 2019A482/9998/2019

Case brief

AI extract

What is this about?

This application under Section 482 CrPC sought quashing of criminal proceedings in a domestic dispute. The court found that the dispute was mutually settled via a compromise deed dated 12.04.2019. Relying on Narinder Singh, the court set aside the summoning order and quashed the entire case as no useful purpose would be served. Disposed on 9.5.2019.

What did the court decide?

Summons order dated 04.01.2017 and entire proceeding in Complaint Case No.711 of 2016 (under Sections 323, 504, 506 I.P.C.) set aside.

Manoj and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 9998 of 2019

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Applicant :- Manoj And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rohit Tiwari,Deo Pratap Tiwari Counsel for Opposite Party :- G.A.,Niraj Tiwari

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard Sri Rohit Tiwari, learned counsel for the applicants, Sri Niraj Tiwari, learned counsel for the opposite party No.2, the learned A.G.A. for the State-respondent and perused the material brought on record.

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By way of the instant application, the applicants have sought quashment of the summoning order dated 04.01.2017 passed by the Additional Civil Judge (J.D.) / Judicial Magistrate-I, Jhansi and the entire proceeding in Complaint Case No.711 of 2016 arising out of Misc. Case No.75 of 2016, Smt. Parvati Vs. Manoj and others, under Sections 323, 504, 506 I.P.C., Police Station Mahila Thana, District Jhansi, pending in the court of the Judicial Magistrate-I, Jhansi.

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It is contended by the learned counsel for the applicants that the dispute between the parties has been compromised, a copy of compromise deed dated 12.04.2019 and the order dated 27.04.2019 passed by the Judicial Magistrate-I, have been annexed as annexure-SA-2 to the supplementary affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.

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It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicants is liable to be quashed in terms of the compromise between the parties.

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Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.

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In view of the fact that the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties,

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therefore, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of above, the summoning order dated 04.01.2017 passed by the Additional Civil Judge (J.D.) / Judicial Magistrate-I, Jhansi and the entire proceeding in Complaint Case No.711 of 2016 arising out of Misc. Case No.75 of 2016, Smt. Parvati Vs. Manoj and others, under Sections 323, 504, 506 I.P.C., Police Station Mahila Thana, District Jhansi, pending in the court of the Judicial Magistrate-I, Jhansi, are hereby set aside.

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Accordingly, the present application is allowed.

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Let a copy of this order be sent to the court below for necessary information and follow up action.

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Order Date :- 9.5.2019 rkg

Manoj and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Manoj and 3 Others v. State of U.P. and Another

Case brief

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