Allowed

Kesav Kumar Anand and Others v. State of Up and Another

Allahabad HC3 Sept 2024A482/3553/2024

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings under Section 482 Cr.P.C. in a matrimonial dispute arising from sections 498A IPC et al. The court found the matter private, settled via a verified compromise, and noted no societal adverse impact, allowing the cessation of proceedings to avoid waste of judicial time.

What did the court decide?

The entire criminal proceedings, including the charge-sheet and cognizance order, against applicants Kesav Kumar Anand, Deepak Kumar Anand, and Shashi Anand are hereby quashed.

Kesav Kumar Anand and Others Vs State of Up and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144006

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 3553 of 2024

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Applicant :- Kesav Kumar Anand And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Bajpai Counsel for Opposite Party :- Bharat Kumar Tripathi,G.A.,Prabhakar Singh

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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 preferred for quashing of the entire proceedings, including charge-sheet dated 31.01.2019 and cognizance/summoning order dated 03.09.2019, of case No. 36044 of 2019 (State Vs.Kesav Kumar Anand And Others), arising out of case crime no. 95 of 2018, under Sections 498A, 377, 511, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Kidwai Nagar, District Kanpur Nagar, pending in the court of Civil Judge (J.D.)/F.T.C. (CAW), 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 parties.

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Learned counsel for the opposite party no.2 /informant has concurred with the

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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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It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. 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, Kesav Kumar Anand, Deepak Kumar Anand & Shashi Anand 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

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SP/-

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

Kesav Kumar Anand and Others v. State of Up and Another

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Kesav Kumar Anand and Others v. State of Up and Another

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