Allahabad High Court
Raj Kumar @ Raju And 2 Others vs State Of U.P. And 2 Others on 27 April, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 12457 of 2020
Applicant :- Raj Kumar @ Raju And 2 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Omvir Singh Rajpoot,Omvir Singh Rajpoot
Counsel for Opposite Party :- G.A.,Wahid Jamal
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicants, Shri Wahid Jamal, learned counsel for the respondent no. 2 and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed to quash the Charge-Sheet dated 20.03.2019 under Sections 498A, 323, 504, 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Tappal, in Case Crime No. 0675 of 2018 and further be pleased to stay the further proceedings of Case No. 1786 of 2019 pending in the court of Additional Chief Judicial Magistrate-Ist, Aligarh.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 03.10.2020 (enclosed as annexure no. 1 to the supplementary affidavit).
This Court vide its order dated 15.10.2020 has referred the matter to the court below for the purpose of verification of the compromise entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.
In compliance of the order of this Court dated 15.10.2020, the compliance report dated 02.08.2021 has been submitted by the Additional Chief Judicial Magistrate, Court No. 1, Aligarh mentioning therein that the respondents namely Rajbala and Vinod Kumar has been identified by their respective counsels before the Court and they have admitted the compromise.
The compliance report dated 02.08.2021 submitted by the Additional Chief Judicial Magistrate, Court No. 1, Aligarh is on record.
Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303].
On the other hand, learned Additional Government Advocate and Shri Wahid Jamal, learned counsel for the respondent no. 2 have submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof may be quashed as the applicants are the in-laws of the complainant and due to matrimonial disputes, the criminal case was registered as such, the proceedings of Case No. 1786 of 2019, under Sections 498A, 323, 504, 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Tappal, District Aligarh, pending before the learned Court of Additional Chief Judicial Magistrate-Ist, Aligarh may be quashed.
After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society as the dispute is of matrimonial in nature and the present criminal proceedings are arising out of said dispute.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 03.10.2020 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, the proceedings of 1786 of 2019, under Sections 498A, 323, 504, 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Tappal, District Aligarh, pending before the learned Court of Additional Chief Judicial Magistrate-Ist, Aligarh and the Charge-Sheet dated 20.03.2019 are hereby quashed in terms of the compromise dated 03.10.2020.
The petition is hereby allowed.
Order Date :- 27.4.2022
Ashish
