Allowed

Vikas and 5 Others v. State of U.P. and Another

Allahabad HC18 Sept 2024A482/27989/2024

Case brief

AI extract

What is this about?

Matrimonial dispute proceedings under multiple penal and dowry sections were quashed after parties settled amicably; informant affidavit filed and State raised no objection. The High Court held that compromise of a private matrimonial dispute warrants quashing and allowed the Section 482 Cr.P.C. application.

What the court decided

AI extract

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

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Neutral Citation No. - 2024:AHC:151712

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 27989 of 2024 Applicant :- Vikas And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- Amit Mishra,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 filed for quashing of the entire proceedings of Sessions Trial No.2552 of 2021 (State of U.P. Vs. Vikas and others), arising out of case crime no. 867 of 2018, under Sections 147, 148, 323, 342, 354, 354(A), 307, 498-A, 504, 506, 325 IPC and Section 3/4 of D.P. Act, P.S. Vijay Nagar, District Ghaziabad, pending in the Court of Additional District and Sessions Judge, Court No.3, Ghaziabad, 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 the matter pertains to matrimonial dispute and both the parties have amicably settled the dispute and compromised the matter. Applicant no.1 is husband of opposite party no.2 and applicant nos.2 and 3 are family members of applicant no.1. The compromise has been annexed with this application as Annexure 7. All the terms and conditions of the said compromise have been complied with. It was submitted that in view of these facts, the impugned proceedings may be quashed on the basis of compromise 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 thus, the impugned proceedings may be quashed. The affidavit of informant has already been filed before this Court.

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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 any adverse impact on society. It was submitted on behalf of both the parties that both the parties have amicably settled the dispute and compromised the case and now informant does not want to pursue the impugned proceedings. The affidavit of informant is on record. Considering the entire facts and submissions of learned counsel for the parties, it appears in the interest of justice that the impugned proceedings be quashed.

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Accordingly, the entire impugned proceedings including, charge sheet and summoning order of the aforesaid case against applicants are hereby, quashed.

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

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Order Date :- 18.9.2024 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Vikas and 5 Others v. State of U.P. and Another

Case brief

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Vikas and 5 Others v. State of U.P. and Another

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