Allowed

Nitin and Another v. State of Up and Another

Allahabad HC15 Oct 2024A482/34038/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings and summoning orders arising from allegations of assault and snatching of a chain. The matter was a matrimonial dispute where the parties had amicably settled and the compromise was verified by the trial court, leading to quashing under Section 482 Cr.P.C.

What did the court decide?

Impugned summoning order and entire criminal proceedings quashed.

Nitin and Another vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:163932

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 34038 of 2024

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Applicant :- Nitin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing of the entire criminal proceedings, including summoning order dated 03.12.2020, of Complaint Case No. 485 of 2020 (Smt. Pinki Vs. Nitin and others), under Sections 323, 392 IPC, P.S.- Pilkhua, District- Hapur, pending in the court of Civil Judge (J.D.)/F.T.C.-IInd/Judicial Magistrate, Hapur, 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 and applicant no.2 is father-in-law of opposite party no. 2/complainant and essentially the matter pertains to matrimonial dispute. Both the parties have amicably settled the dispute and compromised the matter. Earlier, they have filed an application under Section 482 Cr.P.C. for quashing of impugned proceedings on the basis of compromise, which was decided by this Court vide order dated 30.06.2023 passed in Application under Section 482 Cr.P.C. No.20546 of 2023 and parties were directed to file compromise before the trial Court concerned and direction was made to the court concerned to verify the same. In pursuance to said order both the parties have filed a compromise application before the trial Court concerned, which has been duly verified. The certified copy of the report of verification has been annexed as annexure no.2 to this application. It was submitted that in view of these facts, the impugned proceedings may be quashed on the basis of compromise.

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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, essentially the matter pertains to matrimonial dispute and applicants are husband and father-in-law of the complainant. She has filed the impugned complaint making allegations that the applicants have abused and assaulted her and also snatched chain from her neck. It appears that she has not sustained any injury. 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 summoning order and entire proceedings of the aforesaid case against applicants, namely, Nitin & Rumal Singh are hereby quashed.

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

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Order Date :- 15.10.2024

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SP/-

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

Nitin and Another v. State of Up and Another

Case brief

What is this about?

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Nitin and Another v. State of Up and Another

Case brief

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