Court set aside criminal proceedings against applicants in a matrimonial dispute under Section 482 Cr.P.C. relying on settlement and well-established principles allowing quashing of frivolous matrimonial trials.
Proceedings of the case against the applicants are hereby set aside.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 5173 of 2023
Applicant :- Diwakar Singh Parihar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.,Akshay Raj Singh
Hon'ble Vivek Varma,J.
Heard counsel for the applicants, Sri Akshay Raj Singh, counsel for the opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of the Case No. 0977 of 2021 (State of U.P. vs. Diwakar Singh Parihar and 2 Others) arising out of the Case Crime No. 0093 of 2020, under Sections 498A, 354A, 323, 420, 467, 468, 471, 506, 494, 313, 495 and 419 I.P.C., 1860, Police Station- Kadora, District- Jalaun, pending before the learned Judicial Magistrate, Jalaun at Orai.
The applicants are the family members of the husband of the opposite party no. 2. The proceedings against the husband of the opposite party no. 2 in Case Crime No. 0093 of 2020 under Sections 498A, 323, 420, 467, 468, 471, 506, 494, 313, 495 and 419 I.P.C. has been set-aside by this Court vide order dated 06.04.2023 passed in Application U/S 482 No. 4661 of 2023, Prabhakar Singh Parihar @ Shailendra Singh vs. State of U.P. and Another on the basis of compromise. Further, the applicants as well as the opposite party no. 2 have also entered into compromise. Pursuant to the order passed by this Court, the applicants and the opposite party no. 2 appeared before the court below and the court below has verified the aforesaid compromise vide order dated 28.02.2023. A copy of the compromise verification report dated 28.02.2023 along with the compromise has been sent by the Civil Judge (Junior Division)/F.T.C. (Crime against Women), Jalaun at Orai to this Court. The same has been placed on the record by the office as Flag-A.
It is submitted by the learned counsel for the applicants that if the criminal prosecution is allowed to proceed it may create further complication in the otherwise normal relationship that is arising between the parties.
Learned counsel for the opposite party no. 2 does not dispute the correctness of the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him.
In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in B.S. Joshi v. State of Haryana, 2003(4) SCC 675 , as well as Nikhil Merchant v. Central Bureau of Investigation and another, J.T., 2008 (9) SC 192 , the proceedings of the aforesaid case against the applicants are hereby set aside.
The present application is, accordingly, allowed.
Order Date :- 6.4.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether criminal proceedings under matrimonial offences be quashed in view of settlement between parties.
Whether useful purpose would be served in continuing prosecution after compromise.
Colour shows how this judgement treated each authority
B.S. Joshi v. State of HaryanaReferred¶11
B.S. Joshi v. State of Haryana, 2003(4) SCC 675 · Who else cites this
Nikhil Merchant v. Central Bureau of InvestigationReferred¶11
Nikhil Merchant v. Central Bureau of Investigation and another, J.T., 2008 (9) SC 192 · Who else cites this
1 provisions across 1 enactments
Diwakar Singh Parihar And 2 Others
State of U.P.
Other Opposite Party
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
