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

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

What the court decided

AI extract

Outcome

Quashing of the impugned charge-sheet dated 13.11.2022 and the entire proceedings of Case Crime No. 203 of 2022 against applicants Jeewan Singh, Harishankar @ Pappu and Smt. Meena

Issue for consideration

Whether the entire proceedings of Case Crime No. 203 of 2022, including the charge-sheet dated 13.11.2022, under Sections 498A, 323, 307, 325, 504, 506 IPC can be quashed under Section 482 Cr.P.C. on the basis of the compromise arrived at between the parties. +1 more

Court's answer

The dispute is a matrimonial dispute, private in nature, and if the parties compromise the matter it would not have an adverse impact on society.

Ratio / Principle

Though criminal proceedings under Section 307 IPC normally cannot be quashed on the basis of compromise, in this case the victim has not sustained any injury and no offence under Section 307 IPC is made out against the applicants; it would not be just and proper to decline quashing merely because the charge-sheet was submitted under Section 307 IPC.

Key takeaways

There is nothing to indicate that the parties have any criminal antecedents, and the compromise filed before the trial court has already been verified by the court concerned.ratio¶12
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, quashing the impugned proceedings is in the interest of justice, as their continuance would be nothing but wastage of the time of the Court.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.; Neutral Citation 2024:AHC:135040; order dated 22.8.2024) allowed an application under Section 482 Cr.P.C. and quashed the charge-sheet dated 13.11.2022 and the entire proceedings of Case Crime No. 203 of 2022 (State Vs. Jeewan Singh and others) under Sections 498A, 323, 307, 325, 504, 506 IPC, P.S. New Agra, District Agra, pending before the court of CJM, Agra, on the basis of a compromise between the parties in a matrimonial dispute. Held: (i) the matter is private in nature and its compromise would have no adverse impact on society; (ii) though criminal proceedings under Section 307 IPC normally cannot be quashed on compromise, the victim had not sustained any injury and no offence under Section 307 IPC was made out, so quashing would not be declined merely because the charge-sheet was submitted under Section 307 IPC; (iii) nothing indicated criminal antecedents of the parties and the compromise filed before the trial court stood verified by the court concerned; and (iv) considering the law laid down in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, continuance of the proceedings would be wastage of the time of the Court. The learned A.G.A. had no objection if the parties compromised the matter.