Allowed

Sachin Garg and 3 Others v. State of U.P. and Another

Allahabad HC24 May 2023A482/10033/2023

Case brief

AI extract

What is this about?

The court allowed an application under Section 482 CrPC to quash criminal proceedings under Sections 353, 504, and 506 IPC. The proceedings arose from a matrimonial dispute where a compromise was reached, and the parties consented to drop the litigation, rendering the trial an abuse of process.

What did the court decide?

The criminal proceedings in Case No. 8875 of 2021 under Sections 353, 504, and 506 IPC were quashed.

Sachin Garg and 3 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:118831

¶2

Court No. - 64

¶3

Case :- APPLICATION U/S 482 No. - 10033 of 2023

¶4

Applicant :- Sachin Garg And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Pandey Counsel for Opposite Party :- G.A.

¶5

Hon'ble J.J. Munir,J.

¶6

Heard Mr. Rohit Kumar Pandey learned Counsel for the applicants and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing on behalf of the State.

¶7

This application has been filed seeking to quash proceedings of Criminal Case No. 8875 of 2021, State vs. Payal and others (arising out of Case Crime No. 552 of 2021) under Sections 353, 504, 506 I.P.C., Police Station Modi Nagar, District Ghaziabad, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad.

¶8

In compliance with the order dated 10.04.2023, the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad has submitted a report dated 24.04.2023 along with a xerox copy of the compromise and the order of verification dated 24.04.2023 recorded by the learned Magistrate, after identification of all parties by learned Counsel representing them. A perusal of the compromise shows that the parties do not want to litigate any further.

¶9

Considering the nature of the dispute, which is essentially matrimonial, this Court is of opinion that if proceedings on the basis of a compromise are quashed, public justice would not suffer. The reason is that the issues between parties are not of the kind or nature that has wide social ramification.

¶10

The learned A.G.A. has no objection in case the proceedings of the case are quashed, acting on the compromise entered

¶11

into between parties.

¶12

Looking to the terms of the compromise, no useful purpose would be served by permitting this prosecution to continue, which would be an abuse of process of Court. Rather, it would only involve avoidable expenditure of resources, time and energy in holding a trial, the result whereof is obvious. It would also result in harassment of parties. In the circumstances, the impugned proceedings are liable to be quashed.

¶13

This application is, accordingly, allowed . The proceedings in Criminal Case No. 8875 of 2021, State vs. Payal and others (arising out of Case Crime No. 552 of 2021) under Sections 353, 504, 506 I.P.C., Police Station Modi Nagar, District Ghaziabad, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad are hereby quashed .

¶14

An entry shall be caused to be made in the G.D. of Police Station Modi Nagar, District Ghaziabad that all proceedings arising out Case Crime No. 552 of 2021 stand quashed, under orders of this Court. This part of the order shall be caused to be carried out in the records of the police station concerned by the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad.

¶15

Let a copy of this order be forwarded to the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad through the learned Sessions Judge, Ghaziabad and the Station House OfÏcer, Police Station Modi Nagar, District Ghaziabad through the Commissioner of Police, Ghaziabad by the Registrar (Compliance) within a week .

¶16

Order Date :- 24.5.2023 I. Batabyal

¶17

Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Sachin Garg and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sachin Garg and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sabre Alam Vs State of U.P. and Another

Deepu @ Deepak Saroj and 9 Others Vs State of U.P. and Another

Maksood Khan and Another Vs State of U.P. and Another

Bal Kisahan Sharma Vs State of U.P. and 4 Others

Pradeep Vs State of U.P. and Another

Jeetu and 2 Others Vs State of U.P. and Another