Allowed

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

Allahabad HC11 Aug 2024A482/23085/2024

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings under Section 482 CrPC in a matrimonial dispute where parties had amicably settled the matter. The Court held that since the case was private and the informant did not wish to proceed, quashing served the interest of justice.

What did the court decide?

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

Vivek 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:130663

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 23085 of 2024

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Applicant :- Vivek Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Piyush Kumar Tripathi

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, 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 filed with the prayer to quash the entire proceedings, including charge-sheet dated 25.12.2018 and cognizance/summoning order dated 18.03.2019, of criminal case No. 883 of 2019, arising out of case crime no. 519 of 2018, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Dibiyapur, District Auraiya, pending in the court of C.J.M./F.T.C., Auraiya, 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 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 applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant

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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 applicants. 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 applicants, namely, Vivek Kumar, Mewalal Kuril and Smt. Munna Devi are, hereby, quashed.

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

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Order Date :- 12.8.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

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

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

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