Allahabad High Court
Ashish Kumar Dwivedi And 3 Others vs State Of U.P. And Another on 23 January, 2023
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 66
Case :- APPLICATION U/S 482 No. - 37404 of 2022
Applicant :- Ashish Kumar Dwivedi And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Surya Pratap Singh Parmar
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Surya Pratap Singh Parmar, the learned counsel for applicants, the learned A.G.A. for State and Mr. Preyansh Mishra, the learned counsel representing first informant-opposite party 2.
2. Short counter affidavit filed by Mr. Preyansh Mishra, the learned counsel representing first informant-opposite party 2 in Court today, is taken on record.
3. This application under Section 482 Cr.P.C. has been filed challenging the charge sheet dated 29.05.2021 submitted in Case Crime No. 414 of 2020 under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Rohaniya, District-Varanasi, the Cognizance Taking Order/Summoning Order dated 12.10.2022 passed by Special C.J.M., Varanasi in Consequential Criminal Case No. 207972 of 2022 (State of U.P. Vs. Ashish Kumar Dwivedi and Others) under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Rohaniya, District-Varanasi as well as the entire proceedings of aforementioned case now pending in court of Special C.J.M., Varanasi in view of the compromise entered into by the parties.
4. Learned counsel for applicants submits that applicant 1 is the husband of first informant-opposite party 2. On account of marital discord, relationship between applicant-1 and opposite party 2 became strained. Consequently, above-mentioned criminal proceedings came to be initiated by opposite party 2.
5. Subsequently, parties decide to terminate their marital relationship. Accordingly, a suit under Section 13B of the Hindu Marriage Act i.e. for for grant of a decree of divorce by mutual consent was filed. The said suit came to be decreed by Additional Principal Judge, Family Court No.-3, Varanasi vide judgment dated 26.03.2022.
6. Learned counsel for applicants submits that the parties had entered into a compromise to the effect that all the criminal proceedings initiated by first informant-opposite party 2 shall be got terminated. In the light of above, the proceedings under Section 12 of the Protection of Women from Domestic Violence Act came to be terminated vide order dated 06.04.2022.
7. On the above premise, the learned counsel for applicants submits that the entire proceedings of aforementioned criminal case are also liable to be quashed by this Court.
8. Per contra, the learned A.G.A. does not oppose the present application.
9. Mr. Preyansh Mishra, the learned counsel representing first informnat-opposite party 2 has invited the attention of the Court to the short counter affidavit filed by opposite party 2 and on basis thereof, he submits that first informant-opposite party 2 has herself compromised the dispute with applicant 1. She now cannot be any grievance, in case, the entire proceedings of above-mentioned criminal case are quashed by this Court.
10. Having heard, the learned counsel for applicants, the learned A.G.A. for State and Mr. Preyansh Mishra, the learned counsel representing first informant-opposite party 2 and upon perusal of record, this Court finds that dispute between the parties is purely private dispute and not a crime against society. Once the parties had compromised their dispute, no useful purpose shall be served in prolonging the proceedings of aforementioned case. The chances of conviction of applicants are also not only bleak but remote. The continuation of the proceedings in such a situation will itself cause injustice to the parties.
11. Reference may also be made in the judgment of Supreme Court in Shlok Bhardwaj V. Runika Bhardwaj (2015) 2 SCC 721, wherein Court has held that where a compromise is entered into by the parties, it must mean a comprehensive compromise so as to bring to all dispute pending between the parties.
12. In view of above, present application succeeds and is liable to be allowed.
13. It is accordingly allowed.
14. Entire proceedings of the Case No. 207972 of 2022 (State of U.P. Vs. Ashish Kumar Dwivedi and Others) under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Rohaniya, District-Varanasi now pending in court of Special C.J.M., Varanasi, are hereby quashed.
Order Date :- 23.1.2023/Vinay
