This short order dismisses an application under Section 482 Cr.P.C. seeking to quash execution proceedings. The court held that the alleged violation of compromise terms did not constitute abuse of process requiring judicial intervention.
Application under Section 482 Cr.P.C. dismissed.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 7467 of 2021
Applicant :- Suresh Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Execution Case No. 187 of 2019 (Neelam Gupta & others Vs. Suresh Gupta) arising out of Case No. 121 of 2009 (Neelam Gupta and others Vs. Suresh Gupta), pending in the court of Principal Judge, Family Court, Azamgarh.
Learned counsel for the applicant has submitted that in the present execution proceedings recovery warrant has been issued against the applicant while earlier the compromise took place in the execution proceedings, which was decided on the basis of compromise, therefore, the present proceedings of execution is an abuse of the process of law, which has been initiated again against the applicant.
Learned Additional Government Advocate opposed the contentions made on behalf of applicant.
On behalf of Applicant, Annexure-5, which is the order passed in Case No. 213 of 2013 (Neelam Vs. Suresh). The order is dated 18.08.2015. The Principal Judge, Family Court, Azamgarh has decided this execution proceedings on the basis of compromise 7-Ka. The compromise 7-Ka is Annexure-4, is in proceedings under Section 128 Cr.P.C. (Neelam Vs. Suresh). In this compromise application, it has been specifically mentioned that if in future the opposite party (applicant herein) fails to care the opposite party no.2 and her children, the applicant (opposite party no.2) would be at liberty to re-initiate the proceedings of execution case against him. The application for execution of case no. 187 of 2019 (Neelam Vs. Suresh) under Section 128 Cr.P.C. has been challenged in this application under Section 482 Cr.P.C. In para-3 the applicant has specifically disclosed in regard to compromise and violation of the terms of the compromise, as such, the proceedings of the execution case cannot be accepted to be an abuse of process of law and same needs no interference by this Court.
Accordingly, the application U/s 482 Cr.P.C. is dismissed .
Order Date :- 18.3.2021 Prajapati
1 issue framed by the court
Whether the initiation of execution proceedings after a prior compromise resulted in abuse of process of law warranting quashing under Section 482 Cr.P.C.
2 provisions across 1 enactments
Suresh Gupta
State Of U.P.
2 Others
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
