Allowed

Ravi Verma v. State of U.P. and Another

Allahabad HC11 Aug 2024A482/19153/2024

Case brief

AI extract

What is this about?

Husband sought quashing of charge-sheet and proceedings in a dowry and cruelty case on the basis of an amicable settlement with the informant-wife, verified by the trial court. Relying on State of M.P. v. Laxmi Narayan, the court quashed the charge-sheet and entire proceedings.

What the court decided

AI extract

Ravi Verma Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130658

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 19153 of 2024

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Applicant :- Ravi Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prathamesh Upadhyay Counsel for Opposite Party :- Amit Kumar Pandey,G.A.,Hariom Upadhyay

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Hon'ble Raj Beer Singh,J.

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Certified copy of compromise verification filed in Court today, is taken on record.

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Heard learned counsel for the applicant, learned counsel for opposite party no. 2/informant, learned A.G.A. for the State and perused the material brought on record.

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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 15.12.2019 of criminal case No. 428 of 2020 (State vs. Ravi Verma), arising out of case crime no. 1308 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Surajpur, District - Gautam Buddh Nagar, pending in the court of A.C.J.M.-IInd, Gautam Buddh Nagar, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for applicant that applicant is husband of opposite party no.2/informant. The matter relates to matrimonial dispute and that 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

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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 counsel for the opposite party no.2/informant has concurred with the arguments of learned counsel for the applicant 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.

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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 informant does not want to proceed with the case against the applicant. 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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