Subham Garga And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 8019 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 9172 of 2023
 

 
Applicant :- Subham Garga And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Nandini Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Ms. Nandini Mishra, the learned counsel for applicants and the learned A.G.A. for State.

Perused the record.

Challenge in this application u/S 482 Cr.P.C. is to the charge-sheet dated 29.6.2022 submitted in Case Crime No. 301 of 2021, under Sections 323, 504, 506 and 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Vijay Nagar, District Ghaziabad as well the entire proceedings of Criminal Case No. 5169 of 2022 (State Vs. Subham and others), under Sections 323, 504, 506 and 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Vijay Nagar, District Ghaziabad, now pending in the Court of Additional Chief Judicial Magistrate-II, Ghaziabad.

Learned counsel for applicants submits that the dispute between the parties is basically a matrimonial dispute which has been dragged into criminal litigation. The marriage of applicant - 1 was solemnized with opposite party - 2. However, the relationship between the couple became strained on account of marital discord. Ultimately, the couple itself resolved to terminate the marital relationship. As result, a suit under Section 13-B of the Hindu Marriage Act i.e. divorce by mutual consent, was filed by opposite party - 2 herself, which was registered as Case No. 2859 of 2022 (Smt. Radha @ Radhika Vs. Subham) under Section 13-B of the Hindu Marriage Act. The said suit has been decreed vide judgment and decree dated 16.1.2023.

On the above premise, learned counsel for applicants submits that now the relationship between the parties has come to an end on the basis of compromise so entered into by applicant - 1 and opposite party - 2. Therefore, no justifiable ground exits to continue the criminal proceedings. Referring to the judgment of the Supreme Court in Shlok Bhardwaj Vs. Runika Bhardwaj (2015) 2 SCC 721, he submits that the compromise entered into by the parties should be treated as a comprehensive compromise so as to end all dispute between the parties. He, therefore, submits that the entire proceedings of aforementioned criminal case are liable to be quashed by this Court.

Per contra, the learned A.G.A. has opposed the present application. However, he could not dislodge the factual/legal submissions urged by learned counsel for applicants at this stage.

Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, matter requires consideration.

Notice on behalf of opposite party-1 has been accepted by learned A.G.A.

Issue notice to opposite party-2.

All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice. Rejoinder affidavit, if any, may be filed thereafter.

List for admission on the date fixed in the notice.

In view of the fact that the parties i.e. opposite party 2 and applicant 1 have agreed to terminate their marital relationship by moving a petition under Section 13-B of the Hindu Marriage Act, which suit has also been decreed, as an interim measure, it is provided that until further orders of this Court, further proceedings of Criminal Case No. 5169 of 2022 (State Vs. Subham and others), arising out of Case Crime No. 301 of 2022, under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Vijay Nagar, District Ghaziabad, now pending in the Court of Additional Chief Judicial Magistrate-II, Ghaziabad, shall remain stayed.

Order Date :- 20.3.2023

CS/-