Allowed

Smt. Sadhna and 4 Others v. State of U.P. and Another

Allahabad HC24 Oct 2024A482/9606/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of criminal proceedings started in a contentious matrimonial dispute. The court held that since the matter was private in nature and parties had amicably settled the dispute, the proceedings would be quashed in interest of justice.

What did the court decide?

Impugned summoning order and entire proceedings of complaint case against applicants are quashed.

Smt. Sadhna and 4 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:170959

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 9606 of 2024

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Applicant :- Smt. Sadhna And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi 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 21.11.2015, of complaint case No. 4010 of 2015 (Sonu Vs. Smt. Sadhna and Others), under Sections 504, 406 IPC, P.S. Malpura, District Agra, pending in the court of ACJM, Court No. 12, Agra, 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 wife 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 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. 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, Smt. Sadhna, Manoj, Satya Prakash, Pappi alias Dinesh and Devendra alias Billu 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 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Smt. Sadhna and 4 Others v. State of U.P. and Another

Case brief

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Smt. Sadhna and 4 Others v. State of U.P. and Another

Case brief

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