Allowed

Kamil and 4 Others v. State of U.P. and Another

Allahabad HC23 Oct 2024A482/6813/2024

Case brief

AI extract

What is this about?

The court quashed criminal proceedings and summoning order in a matrimonial dispute involving Sections 498A, 504, 506, and 376 IPC. Relying on a verified compromise and the private nature of the matter, the court held that continued proceedings would be a waste of judicial time, allowing the application under Section 482 Cr.P.C.

What did the court decide?

The impugned summoning order and entire proceedings of the complaint case against the applicants are quashed.

Kamil and 4 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:170932

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 6813 of 2024

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Applicant :- Kamil And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh 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 u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 22.07.2016, of complaint case No. 575 of 2016 (New Case No.1101 of 2020) (Smt. Sahista Vs. Kamil and others), under Sections 498A, 504, 506, 376 IPC, P.S. Rajjabpur, District Amroha, pending in the court of C.J.M., Amroha, 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/complainant 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 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

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of compromise arrived at between the parties.

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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, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. Though allegation of rape was also made against applicant Asgar, who is brother-in-law of the complainant, but it appears that said allegation was made in order to settle score in matrimonial dispute and no case under Section 376 IPC is made out. 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 complaint case against applicants, namely, Kamil, Munne, Smt. Shahjahan, Kumari Mehnaj & Asgar are hereby quashed.

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

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Order Date :- 24.10.2024

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SP/-

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

Kamil and 4 Others v. State of U.P. and Another

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Kamil and 4 Others v. State of U.P. and Another

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