Allowed

Harsh and 3 Others v. State of U.P. and Another

Allahabad HC20 Sept 2023A482/31025/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad quashed the entire criminal proceedings instituted under Sections 498-A and 323 IPC and the D.P. Act. Relying on the compromise between parties and the view that no useful purpose would be served by continuing the trial, the court allowed the Section 482 application to quash the cognizance order, charge-sheet, and case.

What did the court decide?

Found in paragraph 24. The entire proceedings of Case Crime No. 637 of 2019 are quashed.

Harsh and 3 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181995

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 31025 of 2023

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Applicant :- Harsh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Khalil,Rohit Singh Counsel for Opposite Party :- G.A.,Mohd. Afzal Ansari

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State, Shri Mohd. Afzal Ansari, learned counsel learned counsel for opposite party no.2 and perused the records.

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This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash cognizance order dated 24.01.2020 and charge-sheet dated 04.12.2019 as well as entire proceedings of Case Crime No. 637 of 2019, under Sections 498-A and 323 IPC and 3/4 D.P. Act, Police Station Ghaziabad Kotwali, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.7, Ghaziabad.

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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 applicant no.4 is her brother-in-law.

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Learned counsel for the applicants has further submitted that on account of matrimonial discord, present criminal case has been instituted against the applicants by opposite party no.2, however subsequently, with the intervention of respected members of both the families, applicants and the opposite party no.2 have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

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Learned counsel for the applicants has next drawn the attention of this Court to the compromise application dated 03.08.2023 supported by an affidavit, reiterating therein that the dispute between the parties has amicably been settled, a copy of which has been annexed as Annexure-4 to his application.

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Learned counsel for the applicants has next submitted

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that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

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Learned counsel for opposite party no.2 has also appeared and has and in paragraph 15 of the short counter counter, the said compromise has been acknowledged. Learned counsel for opposite party no.2 has further stated, on instructions, that opposite party no.2 has no objection, if the entire proceedings are 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 Apex Court in the cases of:-

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(i). B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

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(ii). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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(iii). Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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(iv). Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

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(v). Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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Wherein 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. and another [2013 (83) ACC 278] , in which, law expounded by 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 above mentioned case.

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Accordingly, the entire proceedings of Case Crime No.

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637 of 2019, under Sections 498-A and 323 IPC and 3/4 D.P. Act, Police Station Ghaziabad Kotwali, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.7, Ghaziabad, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 20.9.2023 Subham

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Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad

Harsh and 3 Others v. State of U.P. and Another

Case brief

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Harsh and 3 Others v. State of U.P. and Another

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