Allowed

Rajeev Jain v. State of Up and Another

Allahabad HC16 Oct 2024A482/5196/2024

Case brief

AI extract

What is this about?

High Court quashed criminal proceedings under Section 406 IPC pending before a Magistrate based on a verified compromise between the parties in a matrimonial dispute, holding that continuation would waste court time and cause no adverse impact on society.

What did the court decide?

Quashing of the entire impugned proceedings of Complaint Case No. 677 of 2018.

Rajeev Jain vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:164783

¶2

Court No. - 75

¶3

Case :- APPLICATION U/S 482 No. - 5196 of 2024

¶4

Applicant :- Rajeev Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

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

¶7

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of Complaint Case No. 677 of 2018 (Smt. Sarika Jain Vs. Rajeev Jain), under Section 406 IPC, P.S. Chhatta, District Agra, pending in the court of Judicial Magistrate, Court No.2, Agra, on the basis of compromise arrived at between the parties.

¶8

It has been submitted by learned counsel for the applicant that applicant is husband of opposite party no. 2/complainant and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the complainant 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.

¶9

Learned A.G.A. has no objection if parties compromise the matter.

¶10

I have considered the submissions and perused the record.

¶11

It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. The applicant is husband of the complainant. 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.

¶12

In view of the aforesaid, the entire impugned proceedings of the aforesaid case against applicant Rajeev Jain is hereby quashed.

¶13

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

¶14

Order Date :- 16.10.2024

¶15

SP/-

¶16

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

Rajeev Jain v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Rajeev Jain v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arvind Singh Bhadauriya @ Raju Bhadauriya and Another vs State of U.P. and Another

Devendra Kumar and 8 Others vs State of U.P. and Another

Raghuvir Singh and 3 Others vs State of U.P. and Another

Smt Asha Devi vs State of U.P. and Another

Harjeet Singh Lakha vs State of U.P. and Another

Narendra @ Rajendra and 3 Others vs State of U.P. and Another