Allowed

Ajay Kumar and 2 Others v. State of Up and Another

Allahabad HC18 Sept 2024A482/9223/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Sections 498-A IPC and Dowry Prohibition Act in a matrimonial dispute following an amicably arrived compromise verified by the trial court. The court held that quashing the proceedings served the interest of justice and avoided wastage of time.

What did the court decide?

Charge sheet, cognizance/summoning order, and entire criminal proceedings were quashed.

Ajay Kumar and 2 Others vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152221

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 9223 of 2024

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Applicant :- Ajay Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mandvi Tripathi,Rahul Kumar 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, learned A.G.A. for the State and perused the material brought on record.

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This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge sheet dated 29.02.2016 and cognizance/summoning order dated 02.05.2016, of Case No. 2570 of 2016 (State of U.P. vs. Ajay Kumar and Others), arising out of Case Crime No. 163 of 2015, under Sections - 498-A, 323, 506 I.P.C. and Section - 3/4 of Dowry Prohibition Act, Police Station - Mahila Thana, District - Ghaziabad, pending in the court of Civil Judge (J.D.)/Fast Track Court-I (Crime Against Women), Ghaziabad, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for that applicants that applicant no.1 is husband, applicant no.2 is mother-in-law and applicant no.3 is father-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 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

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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 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, 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 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, Ajay Kumar, Smt. Anita and Mahaveer Sharma are hereby quashed.

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

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Order Date :- 18.9.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Ajay Kumar and 2 Others v. State of Up and Another

Case brief

What is this about?

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Ajay Kumar and 2 Others v. State of Up and Another

Case brief

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