Allahabad High Court
Nitesh Jaiswal And 5 Others vs State Of U.P. And Another on 27 April, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 693 of 2022
Applicant :- Nitesh Jaiswal And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Deepak Kumar Singh
Counsel for Opposite Party :- G.A.,Vishal Agarwal
Hon'ble Manish Kumar,J.
Heard Shri Deepak Kumar Singh, learned counsel for the applicants, Shri Vishal Agarwal, 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 criminal proceedings of Criminal Case No. 344 of 2021 in pursuant to the impugned Charge Sheet No. 01 dated 31.05.2021 arising out of Case Crime No. 102 of 2021, under Sections 498A, 323, 377, 504 and 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Khuldabad, District Prayagraj pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 7, Allahabad.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 04.03.2022.
This Court vide its order dated 18.02.2022 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 18.02.2022, the compliance report dated 05.04.2022 has been submitted by the Additional Chief Judicial Magistrate, Court No. 7, Allahabad mentioning therein that the complainant-Shivangi Jaiswal and the applicants have been identified by their respective counsels and verified their photographs and before the trial court, the parties have admitted the compromise.
The compliance report dated 05.04.2022 submitted by the Additional Chief Judicial Magistrate, Court No. 7, Allahabad is on record.
Learned counsel for the petitioner 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 Vishal Agarwal, 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 complainant and the applicant no.1 are wife and husband respectively and due to matrimonial disputes, the criminal case was registered as such, the proceedings of Case No. 344 of 2021 ,arising out of Case Crime No. 102 of 2021, under Sections 498A, 323, 377, 504 and 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Khuldabad, District Prayagraj pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 7, Allahabad 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 rival parties are husband and wife and the present criminal proceedings are arising out of dispute relating to matrimonial dispute.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 04.03.2022 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 Case No. 344 of 2021 ,arising out of Case Crime No. 102 of 2021, under Sections 498A, 323, 377, 504 and 506 IPC and under Sections 3/4 of the Dowry Prohibition Act, Police Station Khuldabad, District Prayagraj pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 7, Allahabad and the Charge Sheet No. 01 dated 31.05.2021 are hereby quashed in terms of the compromise dated 04.03.2022.
The petition is hereby allowed.
Order Date :- 27.4.2022
Ashish
