Allowed

Amit Gupta and Others v. State of Up and Another

Allahabad HC3 Sept 2024A482/7626/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings and charge-sheet under Sections 498A IPC and DP Act arising from a matrimonial dispute where parties had amicably settled. Relying on State of M.P. v. Laxmi Narayan, the Court held that continuing the case served no useful purpose.

What did the court decide?

Quashing of the charge-sheet, cognizance-summoning order, and entire proceedings.

Amit Gupta and Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:144069

¶2

Court No. - 76

¶3

Case :- APPLICATION U/S 482 No. - 7626 of 2024

¶4

Applicant :- Amit Gupta And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.,Lovekush Kumar Mishra

¶5

Hon'ble Raj Beer Singh,J.

¶6

Heard learned counsel for the applicants, learned counsel for opposite party no. 2/informant and learned AGA for the State.

¶7

This second application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 24.02.2021 and cognizance-summoning order dated 07.04.2021, of criminal case No. 481 of 2021, arising out of case crime no. 40 of 2020, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Agra, pending in the court of J.M./C.J. (J.D.)/F.T.C. No. 1, Agra, on the basis of compromise arrived at between the parties.

¶8

It has been submitted by learned counsel for the applicants that applicants are husband, father-in-law and mother-in-law of opposite party no. 2/informant 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 in compliance of the order dated 02.08.2023 passed by this Court in the First Application u/s 482 No. 18365 of 2021, the compromise, filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which has been annexed as annexure no. 15 to the application. 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 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

¶10

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.

¶11

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

¶12

I have considered the submissions and perused the record.

¶13

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.

¶14

In view of the aforesaid, the impugned charge-sheet/cognizance-summoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Amit Gupta, Srikrishna Gupta and Smt. Suman Gupta are hereby quashed.

¶15

The instant second application u/s 482 Cr.P.C. is hereby allowed. Order Date :- 4.9.2024 Anand

¶16

Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Amit Gupta and Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Amit Gupta and Others 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