The single-judge bench quashed the charge sheet and proceedings in a matrimonial dispute filed under Sections 498-A IPC and Dowry Prohibition Act following a verified compromise between the parties.
Charge sheet dated 26.06.2020 and proceedings of crime case filed under Sections 498-A IPC and Dowry Prohibition Act were set aside.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 14297 of 2021
Applicant :- Satendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Singh
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Santosh Kumar Singh, learned counsel for the opposite party no.2
The present 482 Cr.P.C. application has been filed praying for quashing the charge sheet dated 26.06.2020 arising out of Case Crime No. 0118 of 2019 under Sections 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Falawada, District Meerut, pending before learned Additional Chief Judicial Magistrate, Court No.3, District Meerut, pursuant to the compromise entered into between the parties.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2. The present criminal case has been lodged against the applicant no. 1 and his other family members but that no real criminal offence had actually occurred. It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences.He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.He next submits that vide order dated 17.09.2021, this Court had sent the matter for verification of the compromise before the Court below and the learned Court below has verified the same vide its report dated 06.10.2021, therefore the proceedings against the applicants may be quashed.
Learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties in view of the compromise, which has also been verified by the concerned Court below,
vide its report dated 06.10.2021, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the charge sheet as well as proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed.
Order Date :- 4.12.2021
S.Ali
2 issues framed by the court
Whether charges against the applicants should be quashed in view of a verified matrimonial compromise.
Whether proceedings filed under Sections 498-A IPC and Dowry Prohibition Act have been properly settled by mutual agreement.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of HaryanaExplained¶11
2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) · Who else cites this
Nikhil Merchant Vs. Central Bureau of Investigation and anotherExplained¶11
J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) · Who else cites this
1 provisions across 1 enactments
Satendra Kumar
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
