Smt Sangeeta Vishwakarma vs State Of U.P. And 9 Others
2023 Latest Caselaw 2371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 

 
Case :- APPLICATION U/S 482 No. - 37243 of 2022
 

 
Applicant :- Smt Sangeeta Vishwakarma
 
Opposite Party :- State Of U.P. And 9 Others
 
Counsel for Applicant :- Ram Prasad Kanaujiya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Ram Prasad Kanaujiya, the learned counsel for applicant and the learned A.G.A. for State.

Applicant who is the first informant has approached this Court for a direction to court below i.e. Civil Judge, (Junior Division) F.T.C.-II, Sant Kabir Nagar to decide the application dated 24.03.2022 filed by applicant before court below in Case No. 6922 of 2021 (State Vs. Ashish Vishwakarma and Others) under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District Sant Kabir Nagar.

Learned counsel for applicant submits that applicant is the wife of opposite party 2-Ashish Vishwakarma. On account of marital discord, relationship between applicant and opposite party 2 became strained. Subsequently, opposite party 2 instituted a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act which came to be decreed vide judgment and decree dated 02.02.2021. In view of above, the parties have amicably settled their dispute. Now no lis exists in between applicant and opposite party 2. In the light of the facts noted above, applicant filed aforementioned application dated 24.03.2022 before court below praying therein that proceedings of aforementioned criminal case be dropped as the applicant does not wish to press the same. As no order has been passed by court below, applicant who is the first informant has now approached this Court for an appropriate direction to court concerned.

Having heard, the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that dispute between the parties is a purely private dispute and not a crime against society.

Moreover, applicant is the first informant and she herself has desired not to proceed against charge sheeted accused. In view of above, no useful purpose shall be served in prolonging the proceedings of above-mentioned criminal case. The chances of conviction of accused are now remote and bleak.

Moreover, in case, the proceedings of above-mentioned criminal case are allowed to continue that itself will cause injustice to the parties.

In view of above, present application succeeds and is liable to be allowed. Entire proceedings of Case No. 6922 of 2021 (State Vs. Ashish Vishwakarma and Others) under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District Sant Kabir Nagar pending in the court of Civil Judge, (Junior Division) F.T.C.-II, Sant Kabir Nagar, are hereby quashed.

Application is accordingly allowed.

Order Date :- 23.1.2023

Vinay