Court quashed criminal proceedings in a matrimonial dispute arising from domestic issues under multiple offences including 498A IPC and Dowry Prohibition Act, following a settlement agreement reached during mediation.
Criminal Case No. 85 of 2021 arising from Case Crime No. 147 of 2020 is quashed in terms of the settlement dated 29.03.2022.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 4450 of 2021
Applicant :- Afsar Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.,Pankaj Kumar Tiwari,Saurabh Kumar Tiwari
Hon'ble Manish Kumar,J.
Heard Shri Narendra Singh, learned counsel for the applicants, learned counsel for the respondent no. 2 and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed to quash the Cognizance order dated 07.12.2020, Charge Sheet No. 275 of 2020 dated 19.10.2020 as well as entire Criminal proceedings of Criminal Case No. 85 of 2021 arising out of Case Crime No. 147 of 2020, under Sections 498 A, 323, 506 IPC, Section 3/4 of the DP Act and under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Tanda pending in the Court of learned Chief Judicial Magistrate, Rampur.
As per the order of this Court dated 12.03.2021, the matter was referred to the Mediation and Conciliation Centre, Allahabad High Court. A report dated 31.03.2022 has been submitted by Registrar/In-Charge AHC MCC before this court enclosing therewith the settlement/agreement entered into between the parties dated 29.03.2022. It is on record.
Learned counsel for the applicants and learned counsel for the respondent no. 2 have jointly submitted that as per the agreement dated 29.03.2022, the parties have fulfilled the conditions and the dispute between them has amicably been resolved.
Learned counsel for the applicants has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303].
Learned counsel for the respondent no. 2 has submitted that the respondent no. 2 does not want to press the criminal cases pending against the applicants and the proceedings thereof may be quashed as the complainant and the applicant no. 1 are wife and husband respectively and due to matrimonial disputes, the criminal case was registered as such, the proceedings of
Criminal Case No. 85 of 2021 arising out of Case Crime No. 147 of 2020, under Sections 498 A, 323, 506 IPC, Section 3/4 of the DP Act and under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Tanda pending in the Court of learned Chief Judicial Magistrate, Rampur may be quashed.
After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society as the rival parties are husband and wife and the present criminal proceedings are arising out of dispute relating to matrimonial dispute.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 13.01.2021 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, the proceedings of Criminal Case No. 85 of 2021 arising out of Case Crime No. 147 of 2020, under Sections 498 A, 323, 506 IPC, Section 3/4 of the DP Act and under Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Tanda pending in the Court of learned Chief Judicial Magistrate, Rampur are hereby quashed in terms of the agreement/settlement dated 29.03.2022.
The petition is hereby allowed .
Order Date :- 27.4.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.27 15:03:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal proceedings arising from a matrimonial dispute between husband and wife should be quashed upon settlement after mediation.
Whether the provisions of Sections 498A, 323, 506 IPC and the DP Act can be quashed under Section 482 Cr.P.C. in light of a compromise reached between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabRelied on¶9
[2012 10 SCC 303] · Who else cites this
6 provisions across 4 enactments
Afsar Ali and 4 Others
State of U.P.
Manish Kumar
As recorded by the court registry
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