Allahabad High Court
Dalveer Singh And 2 Others vs State Of U.P. And Another on 30 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 5279 of 2022
Applicant :- Dalveer Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mool Chandra Maurya
Counsel for Opposite Party :- G.A.,Mayank Maurya
Hon'ble Manish Kumar,J.
Heard learned counsel for the parties and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed for quashing of the entire criminal proceedings as well as summoning order dated 14.12.2012 passed in complaint case no. 2436 of 2012 under Section 498-A, 323 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Etah pending in the court of Chief Judicial Magistrate, Etah.
In compliance of the order of this Court dated 19.05.2022, the respondent no. 2 (Smt. Pinki), daughter of Gyan Singh and wife of Dalveer Singh (applicant no. 1) is present before this Court in person.
This Court has asked specific queries from respondent no. 2 (Smt. Pinki) that after filing a complaint whether she had come back to her in-laws' place and living with her husband happily or not, she replied specifically that after the complaint, the matter has been resolved and she has started living with her husband along with her in-laws. It is asked whether she is happy at her in-laws and with her husband, she replied, yes, she is living happily along with her husband and other family members. It is further asked whether she wants to pursue the case filed by her against the applicants, she categorically replied that she does not want to pursue the case anymore against the applicants and she wants to withdraw the said case, as she is leading a happy marital life.
It is submitted by learned counsel for the applicants that as the respondent no. 2 is living happily with her husband and in-laws and as she does not want to proceed with criminal case and the proceedings thereof as such, the criminal proceedings as well as summoning order dated 14.12.2012 passed in complaint case no. 2436 of 2012 under Section 498-A, 323 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Etah pending in the court of Chief Judicial Magistrate, Etah may be quashed and has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303].
Learned AGA has pointed out that two compromises had already been entered into between the parties i.e. on 19.12.2012 and 26.10.2021, which has been accepted by Smt. Pinki.
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; the accused has no criminal antecedents or criminal history and the present criminal proceedings are arising out of a matrimonial dispute.
Considering the submissions advanced by learned counsel for the parties 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 criminal proceedings as well as summoning order dated 14.12.2012 passed in complaint case no. 2436 of 2012 under Section 498-A, 323 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Etah pending in the court of Chief Judicial Magistrate, Etah. are hereby quashed.
The petition is hereby allowed.
Order Date :- 30.5.2022
Nitesh
