Allowed

Rishabh and 6 Others v. State of U.P. and Another

Allahabad HC22 Aug 2022A482/12976/2022

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court quashed Sessions Trial No. 426 of 2020 and related proceedings arising from case crime No. 0017 of 2019 involving matrimonial discord. Based on a compromise dated 20.06.2020 between the husband and wife, the court held no useful purpose would be served in continuing the trial, setting aside the proceeding under Section 482 Cr.P.C.

What did the court decide?

Quashing of entire proceeding of Sessions Trial No. 426 of 2020 arising out of case crime No. 0017 of 2019 under sections 498-A, 323, 376/511, 354 IPC and section 3/4 D.P. Act.

Rishabh and 6 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 12976 of 2022

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Applicant :- Rishabh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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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 entire proceeding of Sessions Trial No.. 426 of 2020 arising out of case crime No. 0017 of 2019,under sections 498-A, 323, 376/511, 354 IPC and section 3/4 D.P. Act, P.S. Kankarkheda, District Meerut as well as charge sheet dated 9.6.2019 and cognizance order dated 16.7.2019 pending in the court of Addl. Sessions Judge/ FTC, Meerut in terms of compromise between the parties.

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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 and they are living together as husband and wife.

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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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Learned A.G.A. for the State does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the compromise filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.

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

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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 dated 20.06.2020, 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 :- 22.8.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.08.23 17:39:28 IST Reason: Location: High Court of Judicature at Allahabad

Rishabh and 6 Others v. State of U.P. and Another

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Rishabh and 6 Others v. State of U.P. and Another

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