Ankur Goyal and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

Ankur Goyal and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Quashing of the impugned charge-sheet/cognizance-summoning order and entire proceedings of Criminal Case No. 5260 of 2023 against applicants Ankur Goyal, Jai Prakash and Smt. Meena Goyal.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 5260 of 2023 (under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act) against the applicants can be quashed on the basis of the compromise arrived at between the parties.

Court's answer

It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise.

Ratio / Principle

Since the matter is a matrimonial dispute private in nature, the parties have compromised, the compromise stands verified by the trial court, there is nothing to indicate criminal antecedents, and the State has no objection, quashing the impugned proceedings (considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan, AIR 2019 SC 1296) is in the interest of justice, as their continuance would be mere wastage of the Court's time.

Key takeaways

The impugned charge-sheet/cognizance-summoning order and the entire proceedings of the aforesaid criminal case against applicants Ankur Goyal, Jai Prakash and Smt. Meena Goyal are hereby quashed.ratio¶13

Detailed headnote1 paragraphs

Quashing - Application u/s 482 Cr.P.C. - Criminal Case No. 5260 of 2023 (case crime no. 1142 of 2022), under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Nandgram, District Ghaziabad, pending before ACJM, Court No. 3, Ghaziabad - matter a matrimonial dispute, private in nature; applicant no. 1 husband of informant/opposite party no. 2, other applicants his family members - parties amicably settled; compromise filed before trial court already verified; informant does not wish to pursue proceedings; no criminal antecedents indicated; learned A.G.A. has no objection - relying on the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, continuance of proceedings would be wastage of the Court's time - impugned charge-sheet/cognizance-summoning order and entire proceedings against Ankur Goyal, Jai Prakash and Smt. Meena Goyal quashed; application allowed. (Hon'ble Raj Beer Singh, J.; Order Date 11.9.2024)

Neutral Citation No. - 2024:AHC:148519

Court No. - 76

Case :- APPLICATION U/S 482 No. - 15664 of 2024

Applicant :- Ankur Goyal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants and learned AGA for the State.

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of criminal case No. 5260 of 2023, arising out of case crime no. 1142 of 2022 (State Vs. Ankur Goyal & others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Nandgram, District Ghaziabad, pending in the court of ACJM, Court No. 3, Ghaziabad, on the basis of compromise arrived at between the parties.

It has been submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2/informant and remaining applicants are family members of applicant no. 1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis

of compromise arrived at between the parties.

Learned A.G.A. has no objection if parties compromise the matter.

I have considered the submissions and perused the record.

It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, as the continuance of the same would be nothing but wastage of time of Court.

In view of the aforesaid, the impugned charge-sheet/cognizancesummoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Ankur Goyal, Jai Prakash & Smt. Meena Goyal are hereby quashed.

The application u/s 482 Cr.P.C. is allowed .

Order Date :- 11.9.2024

SP/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad