Allowed

Mohit Kumar and 7 Others v. State of U.P. and Another

Allahabad HC8 Jul 2024A482/20297/2024

Case brief

AI extract

What is this about?

This single judge order quashed criminal proceedings under Section 482 Cr.P.C. in a matrimonial dispute arising from Sections 498A IPC and others. The court allowed the application upon finding that the parties had amicably settled the matter and the compromise was verified by the trial court.

What did the court decide?

The impugned charge-sheet, cognizance/summoning order and entire criminal proceedings against the applicants were quashed.

Mohit Kumar and 7 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131913

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 20297 of 2024

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Applicant :- Mohit Kumar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh 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 applicants and 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 05.02.2009 and cognizance/summoning order dated 04.04.2009, of criminal case No. 1900977 of 2015 (State Vs. Smt. Updesh Devi and others), arising out of case crime no.3 of 2008, under Sections 498A, 323, 354, 506, 120B IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the court of Additional Civil Judge (J.D.)-II/Judicial Magistrate, Bijnor, on the basis of compromise arrived at between the parties.

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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

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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 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/cognizancesummoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Mohit Kumar, Smt. Updesh Devi, Smt. Alka Gupta, Sanjiv Gupta, Sudhir, Prashant Kumar, Vijay Garg & Smt. Seema Garg are hereby quashed.

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

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Order Date :- 14.8.2024 SP/-

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

Mohit Kumar and 7 Others v. State of U.P. and Another

Case brief

What is this about?

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Mohit Kumar and 7 Others v. State of U.P. and Another

Case brief

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