The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash the proceedings of a criminal complaint involving matrimonial disputes after recording evidence of an amicable settlement between the parties entered into on 24.01.2023.
The entire proceedings of Complaint Case No.332 of 2017 are quashed.
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Court No. - 68 Case :- APPLICATION U/S 482 No. - 8048 of 2019 Applicant :- Prashant Rai And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.,Pankaj Kumar Govil
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr.Sunil Kumar Tiwari, learned counsel for the applicants, learned A.G.A. for the State. None has appeared on behalf of opposite party no.2.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the summoning order dated 08.06.2018 passed by learned Additional Chief Judicial Magistrate, Mathura and entire proceeding of Complaint Case No.332 of 2017, under Sections 498A, 504, 506 IPC and 3/4 D.P. Act, Police Station Govind Nagar, District Mathura.
Learned counsel for the applicants has submitted that the parties have entered into compromise and the same has been filed before the court below, which was verified in the presence of parties on 24.01.2023. Copy of verified compromise has been placed on record. He has further submitted that since parties have settled the dispute, opposite party no. 2 also does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.
Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the aforesaid, the Application u/s 482 Cr.P.C. is allowed .
The entire proceedings of Complaint Case No.332 of 2017, under Sections 498A, 504, 506 IPC and 3/4 D.P. Act, Police Station Govind Nagar, District Mathura is hereby quashed.
Order Date :- 10.2.2023
Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the proceedings under Section 498A, 504, 506 IPC and 3/4 D.P. Act should be quashed after an amicable settlement.
1 provisions across 1 enactments
Prashant Rai And 3 Others
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
