Allowed

Binesh Kumar and 4 Others v. State of Upand Another

Allahabad HC8 Aug 2024A482/17868/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of criminal proceedings involving Sections 498A and 323 IPC based on a compromise. The High Court found the dispute matrimonial in nature, privately settled, and harmless to society, thus quashing the proceedings to avoid judicial wastage.

What did the court decide?

Impugned charge-sheet, cognizance/summoning order, and entire criminal proceedings against the applicants are quashed.

Binesh Kumar and 4 Others Vs State of Upand Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:129695

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 17868 of 2024

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Applicant :- Binesh Kumar And 4 Others Opposite Party :- State Of Upand Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicants is taken on record.

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Heard learned counsel for the applicants 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, including charge-sheet dated 15.07.2019 and cognizance/summoning order dated 27.08.2019, of case No. 2237 of 2019, arising out of case crime no. 163 of 2019, under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act, P.S. Thana Bhawan, District Shamli, pending in the court of Civil Judge (Junior Division)/F.T.C., Shamli, 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 victim 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 opposite party no.2 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 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 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 charge-sheet/cognizance-summoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Binesh Kumar, Indra, Smt. Sunita, Dinesh and Smt. Anju 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

Binesh Kumar and 4 Others v. State of Upand Another

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Binesh Kumar and 4 Others v. State of Upand Another

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