Allowed

Pravin Chauhan and 5 Others v. State of U.P. and Another

Allahabad HC12 Nov 2021A482/6441/2021

Case brief

AI extract

What is this about?

The court allowed an application under Section 482 Cr.P.C. to quash matrimonial criminal proceedings. The respondent wife did not press charges, and a compromise dated 21.9.2021 was reached, leading to the setting aside of the case as a personal family dispute.

What did the court decide?

The proceedings of Case No. 992 of 2019 (State Vs. Pravin Chauhan and others) were set aside.

Pravin Chauhan and 5 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 6441 of 2021

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Applicant :- Pravin Chauhan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuvansh Chandra,Ram Jee Saxena Counsel for Opposite Party :- G.A.,Rampyare Lal Srivastava

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of the entire proceedings of Case No. 992 of 2019 (State Vs. Pravin Chauhan and others), arising out of Case Crime No. 50 of 2018, under Sections- 498-A, 323, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, District- Hathras, pending in the court of CJM, Hathras.

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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.

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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.

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He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.

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Sri Rampyare Lal Srivastava, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the affidavit filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.

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Paragraph no.9 of the said affidavit reads as under :

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"That in view of the amicable settlement arrived between the parties, the deponent is no more keen and intersted in pursuing Case No.992/2019, State vs Pravin Chauhan and others, Under Sec. 498A, 323, 504, 506 I.P.C. & Sec.3/4 Dowry Prohibition Act, pending in the Court of CJM, District Hathras, arising out of Case crime No.50 of 2018."

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In view of the fact that the husband and wife do not want to

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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 dated 21.9.2021 , therefore, no useful purpose would be served in proceeding with the matter further.

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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 proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly allowed .

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Order Date :- 12.11.2021/ shiv

Pravin Chauhan and 5 Others v. State of U.P. and Another

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Pravin Chauhan and 5 Others v. State of U.P. and Another

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