Allowed

Aditya Kumar Singh and 2 Others v. State of U.P. and Another

Allahabad HC18 May 2023A482/11569/2019

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application arising from a matrimonial dispute, the High Court was asked to quash criminal proceedings alleging offences under Sections 498A, 323, 506 I.P.C. and D.P. Act. Following failed mediation and subsequent settlement, the parties executed and verified a compromise deed before the lower court. Upholding submissions that no useful purpose is served by continuing c

What did the court decide?

The entire proceedings of Case No. 51819 of 2018 arising out of Case Crime No. 58 of 2018, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, pending in the court of Special C.J.M., Kanpur Nagar,

Aditya Kumar Singh and 2 Others Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110544

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 11569 of 2019

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Applicant :- Aditya Kumar Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Rakesh Dubey, learned counsel for the applicants, Mr. Akhilesh Kumar Srivastava, learned counsel for the State and perused the records.

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The present 482 Cr.P.C. application has been filed with a prayer to quash the charge sheet dated 22.05.2018 and summoning order dated 19.9.2018 as well as the entire proceedings of Case No. 51819 of 2018, arising out of Case Crime No. 58 of 2018, under Sections- 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Govind Nagar, District- Kanpur Nagar, pending in the court of Special C.J.M., Kanpur Nagar.

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Earlier, on 28.03.2019, the following order was passed:-

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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 to quash the charge sheet dated 22.05.2018 and summoning order dated 19.9.2018 as well as the entire proceedings of Case No. 51819 of 2018, arising out of Case Crime No. 58 of 2018, under Sections- 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Govind Nagar, District- Kanpur Nagar, pending in the court of Special C.J.M., Kanpur Nagar.

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It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between the parties, therefore the matter may be referred to the Mediation Centre of this Court.

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At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

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It is directed that applicants shall deposit a sum of Rs. 15,000/- within two weeks from today with the Mediation Centre of which Rs. 12,000/- shall be paid to the opposite party no.2 for appearance before the Mediation

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Centre on a date to be fixed by the mediation center. Balance Rs. 3,000/shall be retained by the mediation center towards its expenses.

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The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

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It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

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Subject to the applicants depositing the amount of Rs. 15,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

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After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. "

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Subsequently, on 17.04.2023, the following order was passed:-

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"Heard Mr. Rakesh Dubey, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

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Earlier by order of co-ordinate Bench of this Court dated 28.03.2019, the matter was referred to Mediation Centre. As per report of Mediation Centre dated 06.01.2020, as the parties could not entered into an agreement, therefore, the mediation proceedings were dropped.

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During pendency of the aforesaid case, the parties have amicably settled the dispute and filed compromise deed before the Court below.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and after ensuring the presence of the parties, pass an appropriate order with respect to the same, in accordance with law, within a period of one month from the date of production of certified copy of this order, if there is no legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? Upon due verification of compromise, the court below shall send its report to this Court.

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List on 18.05.2023."

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In compliance of the aforesaid, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 18.05.2023. A letter of the Additional Civil Judge (J.D.), Court No.09, Kanpur Nagar, dated 05.05.2023 has been placed alongwith certified copy of order dated 03.05.2023 vide which compromise has been

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verified in the presence of the parties alongwith their respective counsels.

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Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and the husband and wife have decided to separate from each other. Therefore, further proceedings against the applicants in the aforesaid case is liable to be quashed by this Court.

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Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.

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Before proceeding any further it shall be apt to make a brief reference to the following cases:-

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1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,

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2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,

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3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, 4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, 5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

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In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 . in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

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Accordingly, the entire proceedings of Case No. 51819 of 2018, arising out of Case Crime No. 58 of 2018, under Sections498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Govind Nagar, District- Kanpur Nagar, pending in the court of Special C.J.M., Kanpur Nagar is hereby quashed.

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The application is, accordingly, allowed . There shall be no order as to costs.

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It is always open to the parties to approach before this Court in case verification has been done by playing fraud.

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A copy of this order be certified to the lower court forthwith. Order Date :- 18.5.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Aditya Kumar Singh and 2 Others v. State of U.P. and Another

Case brief

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Aditya Kumar Singh and 2 Others v. State of U.P. and Another

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