Allowed

Naveen Kumar and 2 Others v. State of U.P. and Another

Allahabad HC16 Jul 2024A482/21421/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of criminal proceedings under Section 482 Cr.P.C. based on a compromise in a matrimonial dispute. The single-judge bench observed the dispute was private in nature with no adverse societal impact and no criminal antecedents. Citing precedent, the court quashed the chargesheet and proceedings to avoid wastage of court time.

What did the court decide?

Impugned chargesheet, cognizance-summoning order and entire proceedings against applicants Naveen Kumar, Vimla Devi and Naresh Kumar are quashed.

Naveen Kumar and 2 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:139596

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21421 of 2024

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Applicant :- Naveen Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitrana Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record.

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Heard learned counsel for the applicants, 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 for quashing of the entire proceedings, including charge sheet dated 03.01.2020 as well as cognizance/summoning order dated 18.02.2020, of Case No. 1000 of 2020 (State vs. Naveen Kumar and others), arising out of case crime no. 0102 of 2019, under Sections 498-A, 323, 504 IPC and Section 3/4 of D.P. Act, Police Station - Mahila Thana, District Gautam Buddh Nagar, pending in the court of Additional Civil Judicial (Junior Division)/Fast Track Court, 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 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 further submitted that the compromise, filed by the parties before the trial court

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concerned, has already been verified by the court concerned, copy of which has been annexed with the supplementary affidavit. 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 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 chargesheet/cognizance-summoning order and entire proceedings of the aforesaid case against applicants, namely, Naveen Kumar, Vimla Devi and Naresh Kumar are hereby quashed.

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

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Order Date :- 30.8.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Naveen Kumar and 2 Others v. State of U.P. and Another

Case brief

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Naveen Kumar and 2 Others v. State of U.P. and Another

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