The Allahabad High Court recently comprising of a bench of Justice Chandra Kumar Rai while quashing a criminal proceedings initiated by an FIR lodged by the wife against the husband and his family members under Sections 498-A, 323 IPC, and Section 3/4 of D.P. Act has observed that matrimonial dispute between the husband and wife should be quashed when the parties have resolved their entire dispute amongst themself through a compromise deed duly filed and verified by the Court. (Ram Pravesh And 3 Other v. State of U.P. and Another)
Facts of the case
The present Application U/S 482 Cr.P.C. has been filed with a prayer to quash the charge sheet filed in Case under Sections 498-A and 323 of IPC and 3/4 of D.P. Act, Police Station-Mahila Thana, District-Kannauj, as well as stay the proceeding in pursuance of cognizance order dated 02.08.2021 in view of the compromise dated 16.03.2021 executed between both the parties.
The brief facts of the case are opposite party No.2 (wife) had lodged an F.I.R. under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act against the applicants (Husband and his family members) alleging that marriage of applicant and opposite party No.2 was solemnized about 6 years before. On 18.01.2021 on the refusal of demand of dowry by the opposite party No.2, applicant beaten her due which opposite party No.2 has received injuries on her body. The investigating officer after investigation has submitted charge sheet No.1 dated 07.04.2021 before the Court and the cognizance was accordingly taken on 02.08.2021.
In the meanwhile, due to intervention of the relatives and well wishers of the family, opposite party No.2 and applicants have entered into compromise on 16.03.2021 outside the Court and started to live together as husband and wife along with their children having no grievance to each other. The applicants have filed present 482 Cr.P.C. application to quash the charge sheet dated 07.04.2021, on the basis of compromise dated 16.03.2021 on 16.02.2022.
Contention of the Parties
Learned counsel for the applicant submitted that proceeding of Criminal case under Sections 498-A,323 IPC and Section ¾ of D.P. Act be quashed as parties to dispute have entered into compromise which have been verified also by courts below. He further submitted that applicant No.1 and opposite party No.2 along with their children are living together as such no useful purpose will be served to drag present proceeding further he further placed reliance upon the judgment of this court reported in 2022 Law Suit (Alld) 104 Dr. Mohd. Ibrahim and others vs. State of U.P. and others, Gian Singh vs.State of Punjab and another (2012) 10 Supreme Court Cases 303, Narinder Singh and others Vs.State of Punjab and other (2014) 6 Supreme court cases 466 and State of Madhya Pradesh vs. Laxmi Narayan and others (2019) 5 Supreme court cases 688.
Learned Counsel for the opposite party No.2 has also filed his vakalatnama and compromise affidavit dated 21.12.2021 stating that opposite party No.2 and applicant No.1 are living together having no grievance to each other as such she does not want to press the proceedings of criminal case against the applicants.
Courts Observation and Judgment
The bench taking note of the contention of the Parties observed, "Learned Counsel for both the parties are present before this Court and submitted that the charge sheet including the proceedings of the case be quashed on the basis of compromise entered into the parties.
The learned A.G.A. has no objection as parties to the dispute relating to matrimonial mater have entered into compromise.
The bench remarked, "Considering the facts of the present case as well as the principle of law laid down by Hon'ble Supreme Court as mentioned above, matrimonial dispute between the husband and wife should be a quashed when the parties have resolved their entire dispute amongst themself through compromise duly filed and verified by the Court. There is another aspect of the case that F.I.R. has been lodged under Sections 498-A, 323 IPC and 3/4 D.P. Act, which will come under category specified in para No.29.4 laid down by Hon'ble Apex Court in Narinder Singh (supra) and in category specified in para No.15.1 laid down by Apex Court in State of Madhya Pradesh vs. Laxmi Narayan and others (supra) regading which proceedings relating to matrimonial dispute can be quashed in exercise of power under Section-482 Cr.P.C.
The bench quashing the application observed, "In view of the discussion made above, it would be unnecessary to drag these proceeding, as continuation of the criminal proceeding despite settlement and compromise would amount to abuse of process of law accordingly, the instant application under Section 482 Cr.P.C. is allowed on the basis of compromise dated 16.03.2022 as verified on 30.03.2022.
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