Allowed

Ajay Verma and 2 Ors. v. State of Up and Anr.

Allahabad HC14 Jan 2020A482/1826/2020

Case brief

AI extract

What is this about?

Single judge quashed criminal proceedings regarding alleged cruelty and harassment under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act. The court exercised extraordinary jurisdiction under Section 482 CrPC because the matrimonial disputes were amicably settled by the parties, constituting a waste of time to continue the trial.

What did the court decide?

The entire criminal proceedings of case no.1885/IX of 2019 arising under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act are quashed.

Ajay Verma and 2 Ors. Vs State of Up and Anr. — Matrimonial and Divorce | Allahabad HC (2020)

¶1

Court No. - 74 Case :- APPLICATION U/S 482 No. - 1826 of 2020 Applicant :- Ajay Verma And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Lokesh Kumar Counsel for Opposite Party :- G.A.

¶2

Hon'ble Om Prakash-VII,J.

¶3

The present application u/s 482 CrPC has been filed with the prayer to quash the entire proceedings of case no. 1885/IX of 2019, arising out of case crime no. 287 of 2010, in pursuance of charge sheet dated 21.5.2010, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kairana, District Muzaffar Nagar, pending in the Court of Additional Chief Judicial Magistrate, Kairana, Muzaffar Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.

¶4

Heard Shri Vijay Kumar holding brief for Shri Lokesh Kumar, learned counsel for the applicants as well as the learned AGA appearing for the State and perused the record.

¶5

It appears that applicants had earlier approached this Court through application u/s 482 no. 46577 of 2018, which was disposed of vide order dated 20.12.2018 directing the Court below to verify the compromise entered into between the parties.

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Pursuant to the directions given by this Court vide foresaid order dated 20.12.2018, parties appeared before the the Court below and the Court verified the said compromise vide its order dated 3.6.2019, which is annexure-5 to this application.

¶7

Learned counsel for the applicants submits that since the parties have settled their disputes amicably, the proceedings of the aforesaid case be quashed in view of 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 .

¶8

I have considered the submissions made by the learned counsel for the parties and gone through the entire record including the compromise affidavit and the verification report.

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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 non-compoundable 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 disputes and it is not related to a heinous offence, the proceedings may be quashed.

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Since all the disputes and differences between the parties have been amicably and mutually settled and parties have decided to part their ways, 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 is allowed. The entire criminal proceedings of case no.1885/IX of 2019, arising out of case crime no. 287 of 2010, in pursuance of charge sheet dated 21.5.2010, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kairana, District Muzaffar Nagar, pending in the Court of Additional Chief Judicial Magistrate, Kairana, Muzaffar Nagar are quashed.

¶12

Order Date :- 14.1.2020/safi

Ajay Verma and 2 Ors. v. State of Up and Anr.

Case brief

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Ajay Verma and 2 Ors. v. State of Up and Anr.

Case brief

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