Allowed

Gaurav Kumar Gupta and 5 Others v. State of U.P. and Another

Allahabad HC17 Nov 2021A482/26488/2017

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 CrPC to quash criminal proceedings instituted for matrimonial discord. Noting that the parties had amicably settled their disputes and restored their relationship through a mediation process, the Court held that no useful purpose would be served by prolonging the proceedings.

What did the court decide?

The entire criminal proceedings of Case No. 45732 of 2017 arising out of Case Crime No. 27 of 2015 were quashed.

Gaurav Kumar Gupta and 5 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 80 Case :- APPLICATION U/S 482 No. - 26488 of 2017 Applicant :- Gaurav Kumar Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Dayal Agarwal,Sandhya Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Vishal Jaiswal, learned counsel for opposite party no.2.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet No. 33 of 2016 dated 12.12.2016 and cognizance order dated 5.6.2017 as well as further proceedings of Case No. 45732 of 2017 (State Vs. Gaurav Kumar Gupta and others) arising out of Case Crime No. 27 of 2015, under Sections 323, 504, 506, 307 IPC, Police Station- Mahila Thana, District- Kanpur Nagar, pending in the court of Metropolitan Magistrate-IV, Kanpur Nagar.

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Learned counsel for the applicants submits that opposite party No.2 is the wife of applicant no.1 and on account of matrimonial discord, opposite party no.2 has initiated the present proceeding against the applicants. Subsequently, vide order dated 22.08.2017 passed by this Court, the matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad and with the help of the mediators, the parties have amicably settled all their disputes and differences and a settlement agreement dated 26.09.2018 was drawn between the parties, a copy which, has been annexed with this application and shall form part of the record.

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Pursuant to the said agreement, both opposite party No. 2 and applicant No. 1 have restored their relationship and now they are living together as husband and wife and they do not have any grievance against each other.

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Learned counsel for the applicants further submitted that in view of the settlement made between the parties, entire proceedings be quashed against the applicants.

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Learned counsel for the opposite party no.2 has also appeared before this Court and has acknowledged the said settlement agreement and has reiterated the fact that both the opposite party No. 2 and applicant No. 1 have restored their relationship and they do not have any grievance against each other. He has

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next submitted that the compromise deed dated 26.9.2018 has been made between the parties on their own volition, without any coercion and compulsion, willingly and voluntarily and they wish to accord a quietus to their disputes. He has next submitted that in view of the settlement-agreement made between the parties, entire criminal proceedings be quashed.

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This Court is not unmindful of the judgements of the Apex Court in the cases of :-

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1. B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

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2. Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

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5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings of Case No. 45732 of 2017 (State Vs. Gaurav Kumar Gupta and others) arising out of Case Crime No. 27 of 2015, under Sections 323, 504, 506, 307 IPC, Police Station- Mahila Thana, District- Kanpur Nagar, pending in the court of Metropolitan Magistrate-IV, Kanpur Nagar, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.

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Order Date :- 17.11.2021

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SK Goswami

Gaurav Kumar Gupta and 5 Others v. State of U.P. and Another

Case brief

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Gaurav Kumar Gupta and 5 Others v. State of U.P. and Another

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