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Kamran And 2 Ors vs State Of U.P. And Anr on 18 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 27534 of 2019

Applicant :- Kamran And 2 Ors

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

Counsel for Applicant :- Manish Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Short-counter affidavit dated 15.7.2019 along with vakalatnama has been filed by Shri V.K. Tiwari, learned Counsel, on behalf opposite party No.2/informant in Court today. The same is taken on record.

Heard Shri Manish Pandey, learned counsel for the applicants, learned AGA for the State of UP/opposite party No.1 and Shri V.K. Tiwari, learned Advocate, appearing on behalf of opposite party No.2.

This application under Section 482 Cr.P.C. has been preferred by the applicants with a prayer to quash the charge-sheet dated 12.1.2019 being CS No.A-04/2019, Case Crime No.25/2018 under Sections 498A, Section323 IPC 3/4 DP Act, P.S.-Mahila Thana, District-Mathura as well as entire criminal proceeding of Case NO.266 of 2019 in pursuance of compromise dated 3.7.2019, which is executed between the applicant No.1 and opposite party No.2, pending in the court of Judicial Magistrate, Mathura.

It is submitted by learned counsel for the applicants that applicant No.1 is husband, applicant No.2 is mother-in-law and applicant No.3 is father-in-law of the opposite party No.2/informant. The marriage of the applicant No.1 was solemnized on 22.10.2014 with the opposite party No.2 but on account of acrimonious relation between the applicant No.1 and opposite party No.2, a matrimonial dispute arose between them and in this regard, opposite party No.2 lodged FIR dated 17.3.2018, against the applicants and other family members of applicant No.1, in which Investigating Officer submitted charge-sheet dated 12.1.2019 against the applicants only. It is next submitted that in the meantime, the parties concerned have entered into a compromise-settlement between them took place and in this regard a settlement-deed dated 4.4.2018, appended as Annexure-5 to this application, has been executed. As per the terms and conditions of aforesaid settlement-deed, an amount of Rs.20,00,000/- was to be paid by the applicant No.1 to the opposite party No.2. Out of the said amount, an amount of Rs.15,00,000/- has been paid by the applicant No.1 to the opposite party No.2 by Demand Drafts No.019989 dated 31.1.2019 and 021024 dated 15.4.2019, appended as Annexure-6 to the application. Learned counsel for the applicants has also pointed out that the aforesaid settlement and decree of divorce has been passed on 3.7.2019 with mutual consent of the applicant No.1 and the opposite party No.2. The averment, in this regard, has been made in paragraph-13 of this application.

It is submitted by the learned counsel for the parties that a compromise has been arrived at between the parties on account of intervention of their well-wishers. Now parties have no grievance against each other. They want to lead their life in peaceful manner. It is further contended that on account of compromise between the parties, further proceedings of the aforesaid case is liable to be quashed in the light of law laid down by the Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675, wherein the Apex Court has observed that courts to encourage settlement of marital disputes between the contesting spouses, so that they do not lose their youthful years in chasing interminable litigations.

Learned counsel appearing on behalf of opposite party No.2 draw the attention of the Court towards paragraph-10 of the counter affidavit wherein it is mentioned that now both the parties have no complaint against each other and they are not willing to run any proceeding against each other.

Considering the observation and the principle laid down by the Apex Court in the said judgment, I think the interest of justice could be met, if aforesaid prayer of the parties concerned is acceded to and the criminal proceedings and other litigations between the parties is brought to an end. On making settlement/compromise between the parties in a matrimonial dispute, the chance of ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue.

In view of the above, the charge-sheet dated 12.1.2019 being CS No.A-04/2019, Case Crime No.25/2018 under Sections 498A, Section323 IPC 3/4 DP Act, P.S.-Mahila Thana, District-Mathura as well as entire criminal proceeding of Case NO.266 of 2019 in pursuance of compromise dated 3.7.2019, which is executed between the applicant No.1 and opposite party No.2, pending in the court of Judicial Magistrate, Mathura, is hereby quashed in terms of compromise dated 6.3.2019.

Accordingly, the application under Section 482 Cr.P.C. is allowed.

Order Date :- 18.7.2019/LN Tripathi

 

 

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