Allowed

Ishwar Dayal and 2 Others v. State of U.P. and Another

Allahabad HC26 Sept 2023A482/12657/2023

Case brief

AI extract

What is this about?

In this S. 482 CrPC application, the Allahabad High Court quashed criminal proceedings instituted against applicants charged with offences under Sections 498-A IPC, 323 IPC, 506 IPC, and the Dowry Prohibition Act. The court allowed the quashing based on a verified post-factum settlement between the parties aimed at restoring harmonious relations. Noting that the dispute was matrimonial in nature,

What did the court decide?

The entire criminal proceedings in Case No. 176 of 2021, pending in the Court of Chief Judicial Magistrate, Agra, arising out of Case Crime No. 577 of 2018, were quashed.

Ishwar Dayal and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:186989

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 12657 of 2023

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Applicant :- Ishwar Dayal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and applicant nos.2 & 3 are her parents-in-law and on account of matrimonial discord, the present criminal case was instituted against the applicants by the opposite party no.2, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other.

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Learned counsel for the applicants has further drawn the attention of the Court to the compromise application dated 17.03.2023 supported by affidavit, a copy of which has been annexed as Annexure 4 to this application.

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Learned counsel for the applicants has further submitted that this Court vide order dated 12.04.2023 had directed the parties to appear before the court below and file the said compromise before the court concerned, who shall verify the same and send his report to this Court.

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Learned counsel for the applicants has further submitted that pursuant to the order dated 12.04.2023, the parties appeared before the court below and in their presence, the compromise has been verified and a report dated 24.05.2023 has been forwarded to this Court and the same shall form part of the record.

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Learned counsel for the applicants has further submitted that in view of the said compromise made between the parties as well as in order to maintain harmonious and cordial relations between them, the entire criminal proceedings against the applicants be quashed.

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Learned AGA could not dispute the aforesaid facts.

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This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466 , Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble 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. and another [2013 (83) ACC 278] , in which, law expounded by the Hon’ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the present case.

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Accordingly, the entire proceedings of Case No. 176 of 2021 (State Vs. Ishwar Dayal and Others), arising out of Case Crime No. 577 of 2018, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Tajganj, District Agra, pending in the court of Chief Judicial Magistrate, Agra, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 26.9.2023 Nadim

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Ishwar Dayal and 2 Others v. State of U.P. and Another

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Ishwar Dayal and 2 Others v. State of U.P. and Another

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