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

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

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; impugned charge-sheet dated 20.04.2023, cognizance/summoning order dated 18.05.2023 and entire proceedings of Case No. 27004 of 2023 (State Vs. Himanshu Saxena) against the applicants quashed.

Issue for consideration

Whether the entire proceedings of Case No. 27004 of 2023 (State Vs. Himanshu Saxena), including the charge-sheet dated 20.04.2023 and cognizance/summoning order dated 18.05.2023, pending before the C.J.M., Gautam Buddh Nagar, could be quashed under Section 482 Cr.P.C. on the basis of the compromise arrived at between the parties.

Court's answer

The matter relates to a matrimonial dispute which is private in nature; if the parties compromise the matter, it would have no adverse impact on society, and there is nothing to indicate that the parties have any criminal antecedents.

Ratio / Principle

Considering the law laid down in 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 their continuance would be nothing but 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 the applicants, namely Himanshu Saxena, Brahmanand Saxena and Smt. Geeta, are quashed.ratio¶14

Detailed headnote1 paragraphs

Quashing of criminal proceedings on the basis of compromise - matrimonial dispute - Application under Section 482 Cr.P.C. by husband and his family members (Himanshu Saxena, Brahmanand Saxena and Smt. Geeta) seeking quashing of charge-sheet dated 20.04.2023 and cognizance/summoning order dated 18.05.2023 in Case No. 27004 of 2023 (State Vs. Himanshu Saxena), arising out of case crime no. 0015 of 2023 under Sections 498A, 323, 354, 504 IPC and Section 3/4 of D.P. Act, P.S. Bisrakh, District Gautam Buddh Nagar, pending before C.J.M., Gautam Buddh Nagar - parties amicably settled the dispute; compromise filed before the trial court stood verified by the court concerned; learned A.G.A. raised no objection - dispute held private in nature with no adverse impact on society and no criminal antecedents of the parties - considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, continuance of proceedings held to be wastage of the Court's time - impugned charge-sheet/cognizance-summoning order and entire proceedings against the applicants quashed - application allowed.

Neutral Citation No. - 2024:AHC:131504

Court No. - 76

Case :- APPLICATION U/S 482 No. - 18307 of 2024

Applicant :- Himanshu Saxena And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

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

This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 20.04.2023 and cognizance/summoning order dated 18.05.2023, of case No. 27004 of 2023 (State Vs. Himanshu Saxena), arising out of case crime no. 0015 of 2023, under Sections 498A, 323, 354, 504 IPC and Section 3/4 of D.P. Act, P.S. Bisrakh, District Gautam Buddh Nagar, pending in the court of C.J.M., Gautam Buddh Nagar, 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.

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.

In view of the aforesaid, the impugned charge-sheet/cognizancesummoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Himanshu Saxena, Brahmanand Saxena & Smt. Geeta are hereby quashed.

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

Order Date :- 13.8.2024 SP/-

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