Allowed

Jeetu @ Anurag @ 5 Others v. State of U.P. and Another

Allahabad HC24 Jul 2024A482/22424/2024

Case brief

AI extract

What is this about?

A Section 482 Cr.P.C. application sought quashing of proceedings in a matrimonial dispute under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act after the parties compromised. The verified compromise was accepted and all proceedings against the applicants were quashed.

What did the court decide?

Cognizance/summoning order dated 15.10.2019 and entire proceedings of the criminal case against the applicants were quashed on the basis of the parties' verified compromise.

Jeetu @ Anurag @ 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143354

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 22424 of 2024

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Applicant :- Jeetu @ Anurag @ 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Saxena,Rajeev Upadhyay 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 01.08.2019 as well as cognizance order dated 15.10.2019, of Case No. 939 of 2021 (Old Case No. 2394 of 2019) (State vs. Jeetu @ Anurag and Others), arising out of Case Crime No. 0032 of 2018, under Sections - 498-A, 323, 506 I.P.C. and Section - 3/4 D.P. Act, Police Station - Mahila Thana Fatehgarh, District - Farrukhabad, pending in the court of Fast Track Court (Junior Division) Fatehgarh, District - Farrukhabad, 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 has been annexed along with the supplementary affidavit. It was stated that in view of these facts and

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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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It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise between the parties. 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 cognizance/summoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Jeetu @ Anurag, Sundarlal, Sushma, Himanshu, Kiran and Gunjan are hereby quashed.

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

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Order Date :- 4.9.2024 S Rawat

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

Jeetu @ Anurag @ 5 Others v. State of U.P. and Another

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Jeetu @ Anurag @ 5 Others v. State of U.P. and Another

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