Allowed

Yaduveer Singh Alias Yudhveer Singh and Another v. State of U.P. and Another

Allahabad HC8 Aug 2024A482/17811/2024

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings involving offenses under IPC and D.P. Act. The proceedings were quashed because the parties had amicably settled the matrimonial dispute, the compromise was verified, and no public interest would be harmed.

What did the court decide?

Quashed the entire proceedings of criminal case No. 31 of 2022 arising out of crime no. 101 of 2021.

Yaduveer Singh Alias Yudhveer Singh and Another Vs State… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:129658

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 17811 of 2024

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Applicant :- Yaduveer Singh Alias Yudhveer Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyadeep Gautam Counsel for Opposite Party :- G.A.,Om Prakash Mishra

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned counsel for opposite party no. 2/informant and learned AGA for the State.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, of case No. 31 of 2022, arising out of case crime no. 101 of 2021, under Sections 498A, 323, 504, 354 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Aligarh, pending in the concerned court, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicants that applicant no.1 is husband of 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 also 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.

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Learned counsel for the opposite party no.2/informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed, as no useful purpose would be served by exhausting remedy of trial.

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

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I have considered the submissions and perused the record.

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In the instant case, it appears that 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 informant does not want to proceed with the case against the applicants. 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.

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In view of the aforesaid, the impugned entire proceedings of the aforesaid criminal case against applicants, namely, Yaduveer Singh @ Yudhveer Singh & Praveen are, hereby, quashed.

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

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Order Date :- 9.8.2024 SP/-

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

Yaduveer Singh Alias Yudhveer Singh and Another v. State of U.P. and Another

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Yaduveer Singh Alias Yudhveer Singh and Another v. State of U.P. and Another

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