The Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings for matrimonial offences. The court accepted a verified compromise deed between the parties as the dispute was personal and matrimonial in nature.
The entire proceedings of Case No. 1100 of 2018 arising out of Crime No. 829 of 2107 are quashed.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 12942 of 2020
Applicant :- Sachin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Mohd. Naushad
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submitted that in compliance of this Court's order dated 02.09.2022, parties appeared before the trial Court and get their compromise verified. The verified compromise deed alongwith order passed thereon both in the form of certified copies, are appended with the supplementary affidavit. So, the compromise be accepted.
As the dispute is matrimonial and parties have arrived at a compromise because some of the sections were not compoundable, so the trial Court only verified the compromise and passed order thereon. Both the certified copy of the compromise deed and verification order thereon dated 03.11.2020 are placed before the Court vide supplementary affidavit dated 23.11.2020.
The dispute being personal and matrimonial, the compromise is accepted. The verified compromise deed and its verification order dated 03.11.2020, both in the certified form placed on record, shall form part of the order .
As the parties have arrived at a compromise and the same has been verified by the trial court and accepted by this court, no dispute remains among the parties, the entire proceedings of Case No. 1100 of 2018 (State Vs. Sachin) arising out of Case Crime No. 829 of 2107, under Sections 307, 377, 498A I.P.C. and Section 4 of the Dowry Prohibition Act, PS Shamli, District Shamli, are hereby quashed.
The application under Section 482 Cr.P.C. is allowed.
Order Date :- 16.1.2023 AKT
Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the matrimonial dispute arising out of Sections 307, 377, 498A IPC and Section 4 of the Dowry Prohibition Act be quashed in view of a verified compromise.
1 provisions across 1 enactments
Sachin
State of U.P.
Ashok Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
