Allowed

Lokpal Alias Abhishek Yadav v. State of U.P.and Anothers

Allahabad HC12 Aug 2024A482/22158/2024

Case brief

AI extract

What is this about?

Single judge Allahabad High Court in s. 482 Cr.P.C. application quashed criminal proceedings for matrimonial dispute under Sections 498A, 323, 324, 504, 506 IPC. Relied on s. 482 Cr.P.C. and State of M.P. v. Laxmi Narayan to allow quashing upon verified compromise filed before trial court with informant's consent.

What did the court decide?

Quashing of entire criminal case proceedings including charge-sheet dated 04.07.2023 and cognizance/summoning order dated 05.02.2024.

Lokpal Alias Abhishek Yadav vs State of U.P.and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:148023

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 22158 of 2024

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Applicant :- Lokpal Alias Abhishek Yadav Opposite Party :- State Of U.P.And Anothers Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- Sharada Yadav,G.A.

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Hon'ble Raj Beer Singh,J.

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Certified copy of compromise filed by learned counsel for the applicant is taken on record.

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

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This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 04.07.2023 and cognizance/summoning order dated 05.02.2024, of criminal case No. 6929 of 2024, arising out of case crime no. 696 of 2022, under Sections 498A, 323, 324, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Kavi Nagar, District Ghaziabad, pending in the court of CJM, Ghaziabad, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicant that applicant is husband of opposite party no. 2/informant 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.

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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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It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant case, 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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In view of the aforesaid, the impugned charge-sheet/cognizance-summoning order and entire proceedings of the aforesaid criminal case against applicant Lokpal Alias Abhishek Yadav are hereby quashed.

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

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Order Date :- 11.9.2024

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SP/-

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

Lokpal Alias Abhishek Yadav v. State of U.P.and Anothers

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Lokpal Alias Abhishek Yadav v. State of U.P.and Anothers

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