Allowed

Ravi and 3 Others v. State of Up and Another

Allahabad HC1 Apr 2022A482/39460/2018

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings and summoning orders in a matrimonial dispute involving Sections 498 A IPC and the DP Act. Following unsuccessful mediation initially, a subsequent report indicated the parties had reconciled and settled their differences amicably, leading the court to allow the quashing petition.

What did the court decide?

Quashed the entire criminal proceeding (Complaint Case No.3107 of 2017) and summoning order dated 10.10.2018 in terms of the compromise agreement.

Ravi and 3 Others Vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 39460 of 2018

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Applicant :- Ravi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S. A. Khan Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and perused the record.

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The present petition under Section 482 Cr.P.C. has been preferred to quash the entire proceedings as well as summoning order dated 10.10.2018 passed by Civil Judge, Junior Division/Judicial Magistrate Duddhi, District Sonbhadra in Complaint Case No.3107 of 2017, under Sections 498 A, 323, 504, 506 IPC and under Section 3/4 of the DP Act, Police Station Anpara, District Sonbhadra.

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This Court vide its order dated 31.10.2018 has referred the matter for mediation granting three months' time to find out an appropriate solution of the dispute pending between the parties and send its report to the Court regarding the outcome of mediation.

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Pursuant to the order of this Court dated 31.10.2018, an office report dated 06.11.2019 has been submitted placing report of mediation dated 29.05.2019 before this Court.

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Perusal of the report of the mediation dated 29.05.2019 transpires that the parties have arrived at an agreement that they decided to live together and they are happy with their reunion. Further they undertake to discharge all matrimonial obligations towards each other in respectful manner.

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As per the mediation report, the parties have stated that they are not willing to pursue the present petition under Section 482 Cr.P.C. bearing No. 39460 of 2018 and all disputes and differences between them have settled amicably.

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Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

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On the other hand, learned Additional Government Advocate has submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to

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proceed with criminal case and the proceedings thereof.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise/agreement dated 29.05.2019 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra), there is no purpose to keep the proceedings pending before the trial court and hence the proceedings of the Complaint Case No.3107 of 2017, under Sections 498 A, 323, 504, 506 IPC and under Section 3/4 of the DP Act, Police Station Anpara, District Sonbhadra and summoning order dated 10.10.2018 passed by Civil Judge, Junior Division/Judicial Magistrate, Duddhi, District Sonbhadra are hereby quashed in terms of the compromise/agreement dated 29.05.2019.

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The petition is allowed .

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Order Date :- 1.4.2022 Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.04.05 12:50:30 IST Reason: Location: High Court of Judicature at Allahabad

Ravi and 3 Others v. State of Up and Another

Case brief

What is this about?

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Ravi and 3 Others v. State of Up and Another

Case brief

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