Allowed

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

Allahabad HC30 Jul 2024A482/24417/2024

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings arising from a matrimonial dispute. The High Court observed that the matter was private in nature and parties had amicably settled the dispute. Relying on Supreme Court precedent, the court held that quashing was in the interest of justice and allowed the application.

What did the court decide?

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

Ashok 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:139685

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 24417 of 2024

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Applicant :- Ashok Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- Hardev Singh,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 is taken on record.

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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 preferred for quashing of the entire proceedings, including charge-sheet dated 26.12.2022 and cognizance/summoning order dated 10.04.2023, of criminal case No. 75058 of 2023 (State Vs. Ashok Kumar and others), arising out of case crime no. 135 of 2022, under Sections 498A, 504, 506 IPC, P.S. Gujaini, District Kanpur Nagar, pending in the court of Additional Civil Judge (S.D.)-5th, Kanpur 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 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

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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 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, Ashok Kumar, Satpal Kamal & Smt. Mamta Kamal 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

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SP/-

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

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

Case brief

What is this about?

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

Case brief

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