The High Court allowed an application under Section 482 Cr.P.C. to quash complaints under Sections 498-A IPC and 3/4 D.P. Act regarding marital dispute. Relieving on mutual settlement and divorce decree.
Proceedings of Complaint Case No.5039 of 2016 under sections 498-A IPC and 3/4 D.P. Act are quashed.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 10982 of 2018 Applicant :- Malkhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar,Salman Ahmad Counsel for Opposite Party :- G.A.,Avdhesh Narayan Tiwari
Hon'ble Harsh Kumar,J.
Heard Sri Sharique Ahmad, Advocate holding brief of Sri Salman Ahmad, learned counsel for applicant, Sri Avdhesh Narayan Tiwari, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.5039 of 2016 (Smt. Gita Rajput Vs. Malkhan Rajput), under sections 498-A IPC and 3/4 D.P. Act, P.S. Kotwali Orai, District Jalaun, pending before the learned Chief Judicial Magistrate, Jalaunt at Orai.
Learned counsel for opposite party no.2 filed joint affidavit of applicant and opposite party no.2 stating that by mutual consent, they have decided to live separate and dissolve their marriage as per terms of compromise deed filed at Annexure No.1 and in furtherance of compromise, they have filed divorce petition under section 13B(1) of Hindu Marriage Act on 12.4.2019, copy at Annexure No.2, which has been decreed in terms of compromise vide judgment and decree dated 8.2.2020, copy supplied and taken on record.
Upon hearing counsel for the parties and perusal of record, I find that in view of the law laid down by Hon'ble the Apex Court in the case of B.S. Joshi vs. State of Haryana (2003) 4 SCC 675, since the parties have come to terms by way of mutual settlement agreement, there is no justification to keep the proceedings of complaint case pending and proceedings of Complaint Case No.5039 of 2016 (Smt. Gita Rajput Vs. Malkhan Rajput), under sections 498-A IPC and 3/4 D.P. Act, is liable to be quashed.
The application under Section 482 Cr.P.C. is allowed and the proceedings of Complaint Case No.5039 of 2016 (Smt. Gita Rajput Vs. Malkhan Rajput), under sections 498-A IPC and 3/4 D.P. Act is quashed accordingly.
Order Date :- 19.2.2020 Tamang
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. to quash proceedings in a domestic dispute is maintainable on the basis of a mutual settlement agreement and decree of divorce.
Whether continuation of proceedings under sections 498-A IPC and 3/4 D.P. Act is justified post-separation by mutual consent.
Colour shows how this judgement treated each authority
B.S. Joshi vs. State of HaryanaRelied on¶7
B.S. Joshi vs. State of Haryana (2003) 4 SCC 675 · Who else cites this
3 provisions across 3 enactments
Malkan Singh
Harsh Kumar
As recorded by the court registry
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