Allowed

Rohit Kushwaha and 4 Others v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/18594/2024

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute. Relying on a verified compromise and the private nature of the matter, the Court held that continuing the trial would serve no useful purpose and apply principles from a 2019 Supreme Court precedent.

What did the court decide?

The entire proceedings of criminal case No. 5815 of 2020 against the applicants are hereby quashed.

Rohit Kushwaha and 4 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:135624

¶2

Court No. - 76

¶3

Case :- APPLICATION U/S 482 No. - 18594 of 2024 Applicant :- Rohit Kushwaha And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.,Narendra Kumar

¶4

Hon'ble Raj Beer Singh,J.

¶5

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

¶6

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of criminal case No. 5815 of 2020 (State Vs. Rohit Kushwaha and others), arising out of case crime no. 26 of 2020, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Kotwali, District Jhansi, pending in the court of C.J.M., Jhansi, on the basis of compromise arrived at between the parties. 3. 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.

¶7

Learned counsel for the opposite party no.2 /informant has

¶8

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.

¶9

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

¶10

I have considered the submissions and perused the record.

¶11

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.

¶12

In view of the aforesaid, the impugned entire proceedings of the aforesaid criminal case against applicants, namely, Rohit Kushwaha, Kalicharan Kushwaha, Smt. Phoolwati, Smt. Pooja & Brijkishor are hereby quashed.

¶13

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

¶14

Order Date :- 23.8.2024

¶15

SP/-

¶16

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

Rohit Kushwaha and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rohit Kushwaha and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Nadeem Main vs State of Up and Another

Sajid Alias Shajid and 3 Others vs State of U.P. and 2 Others

Asit Dwivedi and 2 Others vs State of U.P. and Another

Inder Pal Singh Tejan and 4 Others vs State of U.P. and Another

Garun Jaiswal and 3 Others vs State of U.P. and Another

Jeewan Singh and 2 Others vs State of U.P. and Another