Allahabad High Court
Deepak Tiwari And 2 Others vs State Of U.P. And Another on 22 June, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- APPLICATION U/S 482 No. - 14284 of 2021
Applicant :- Deepak Tiwari And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anand Prakash Dubey
Counsel for Opposite Party :- G.A.,Deepak Kumar
Hon'ble Vipin Chandra Dixit,J.
On 26.8.2021 the following order was passed by this Court:
"Sri Deepak Kumar, learned counsel files vakalatnama on behalf of O.P. No.2. The same is taken on record.
Heard learned counsel for the applicants, learned counsel for O.P. No.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of entire proceeding including charge sheet dated 4.8.2020 and cognizance order dated 20.10.2020 in Case No. 11130 of 2020, registered with Case Crime No. 187 of 2019, u/s 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Meerut, pending before Civil Judge (J.D.), F.T.C., Meerut in the light of compromise dated 2.7.2021.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the dispute.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicants."
Heard Sri Anand Prakash Dubey, learned counsel for the applicants, learned A.G.A. for the State and Sri Deepak Kumar, learned counsel for opposite party no.2.
The applicants by means of this application under Section 482 Cr.P.C., have invoked inherent jurisdiction of this Court, with a prayer to quash the charge sheet dated 4.8.2020 whereupon cognizance has been taken against them on 20.10.2020 in Case No.11130 of 2020 arising out of Case Crime No. 0187 of 2019, under Sections 498-A,323,504 IPC and Section Dowry Prohibition Act, P.S. Mahila Tahana, District Meerut pending in the court of Civil Judge (Junior Division)/FTC (Crime Against Women), Meerut, in terms of compromise dated 2.7.2021.
Learned counsel for the applicants has stated that the parties have amicably settled their dispute and have entered into a compromise on 2.7.2021 (enclosed as annexure no. 3 to the present application).
In compliance of the order of this Court dated 26.08.2021, learned Civil Judge (Junior Division)/FTC (Crime Against Women), Meerut has sent a report dated 20.11.2021 mentioning therein that the complainant-Smt. Jyoti Badauli, opposite party no.2 and Deepak Tiwari, applicant no.1 had appeared before the court, who were identified by their respective counsels and they admitted the compromise and compromise is duly verified.
The report dated 20.11.2021 submitted by the Civil Judge (Junior Division)/FTC (Crime Against Women), Meerut is on record.
Learned counsel for the applicants has placed reliance on the judgment of the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303] for quashing of the proceedings pending before the court below.
On the other hand, Sri Deepak Kumar, learned counsel for opposite party no.2 has submitted that the compromise has been entered into between the parties and now opposite party no.2 does not want to proceed with criminal case and the proceedings thereof may be quashed as applicant no. 1 and opposite party no.2 are husband and wife and due to matrimonial disputes, the criminal case was registered.
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 matrimonial dispute 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 2.7.2021 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 useful purpose to keep the proceedings pending before the trial court and hence, the proceedings pursuant to the charge sheet dated 4.8.2020 whereupon cognizance has been taken against them on 20.10.2020 in Case No.11130 of 2020 arising out of Case Crime No. 0187 of 2019, under Sections 498-A,323,504 IPC and Section Dowry Prohibition Act, P.S. Mahila Tahana, District Meerut pending in the court of Civil Judge (Junior Division)/FTC (Crime Against Women), Meerut are hereby quashed in terms of the compromise dated 2.7.2021.
The application is hereby allowed.
Order Date :- 22.6.2022
M. Tarik
