Allowed

Anjul Kumar v. State of U.P. and Another

Allahabad HC12 Aug 2024A482/18486/2024

Case brief

AI extract

What is this about?

The high court allowed the application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute. The court held that since the matter was private in nature and the parties had reached a verified compromise, continuing the proceedings would be a mere wastage of time and serve no useful purpose.

What did the court decide?

The impugned charge-sheet and entire criminal proceedings against the applicant Anjul Kumar were quashed.

Anjul Kumar Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131672

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 18486 of 2024

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Applicant :- Anjul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhavya Sahai,Ramendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant 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 16.04.2014, of case No. 694 of 2014, arising out of case crime no. 0211 of 2013, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Kanpur Nagar, pending in the court of Metropolitan Magistrate, Court No.IV, Kanpur Nagar, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicant that applicant is husband of opposite party no. 2/informant 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

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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 and entire proceedings of the aforesaid criminal case against applicant Anjul Kumar are hereby quashed.

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

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Order Date :- 13.8.2024 SP/-

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

Anjul Kumar v. State of U.P. and Another

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Anjul Kumar v. State of U.P. and Another

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