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Section 498A I.P.C quashed with Section 482 Cr.P.C

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. – 37

Case :- APPLICATION U/S 482 No. – 13797 of 2020

Applicant :- Shokeen And 2 Ors

Opposite Party :- State Of U.P. And Anr

Counsel for Applicant :- Jagdish Prasad Mishra

Counsel for Opposite Party :- G.A.,Rajesh Kumar Tiwari

Hon’ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the revisionists and learned A.G.A for the State.

By way of this application, the applicants have requested this Court for recording the compromise which has taken place Sections 504 and 323 I.P.C are compoundable offences whereas the only two offences for which quashment is asked under Section 498A I.P.C and 3/4 Dowry Prohibition Act. The applicants and respondent No.2 have now no grievance with each other. The parties belong to muslim community and Smt. Sabnam has divorced by way of a legal Talaq and now there is no grievance left.

The State has submitted that provisions of 498-A should not be permitted to be compounded. The applicants have not asked for compounding but a request that as they are separated peacefully. The wife does not wish to further litigate as she has hoped with the settlement.

While perusing the FIR also it appears that the allegations made in 498-A may not be substantiated by the wife.

Parties settled their matter and decided to leave in peace, parties, being husband and wife and other family members acted upon such settlement and have taken divorce. High Court should have accepted settlement and compounded offence in view of settlement between parties, compounding quashment complaint is ordered. I am supported in my order by the decision of the Apex Court reported in Bitan Sengupta v. State of W.B., (2018) 18 SCC 366.

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The proceedings are quashed also under Section 482 Cr.P.C. settlement is also recorded and the Apex Court way back in B.S. Joshi Vs. State of Haryana, (2003) 4 SCC 675 has observed that in matrimonial offences, it becomes duty of the Court to encourage genuine settlement of matrimonial disputes.

Hence this Court while exercising power under Section 482 read with section 397 of the Cr.P.C., 1973. exercises this power and permits the parties to leave in peace.

With these observations, this petition is allowed.

This court is thankful to both the counsels Sri Jagdish Prasad Mishra and Sri Rajesh Kumar Tiwari and counsels appearing before the trial judiciary for persuading parties to settle the disputes.

Order Date :- 23.9.2020

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