Smt. Suman Yadav vs Smt. Rekha Yadav Alias Moni
2024 Latest Caselaw 6047 MP

Madhya Pradesh High Court

Smt. Suman Yadav vs Smt. Rekha Yadav Alias Moni on 28 February, 2024

Author: Anand Pathak

Bench: Anand Pathak

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 28 th OF FEBRUARY, 2024
                                         MISC. CRIMINAL CASE No. 10517 of 2023

                           BETWEEN:-
                           1.    SMT. SUMAN YADAV W/O ATIBAL SINGH YADAV,
                                 AGED    ABOUT    57   YEARS, OCCUPATION:
                                 GOVERNMENT        SERVICE        (GWALIOR
                                 DEVELOPMENT    AUTHORITY)     R/O   D-22-23
                                 YASHODA RESIDENCY CITY CENTER, GWALIOR
                                 (MADHYA PRADESH)

                           2.    ATIBAL SINGH YADAV S/O LATE SHRI DEPUTY
                                 SINGH YADAV, AGED ABOUT 60 YEARS,
                                 OCCUPATION:    DEPUTY     COMMISSIONER
                                 MINICIPAL CORPORATION GWALIOR R/O D-22-23
                                 YASHODA RESIDENCY CITY CENTER, GWALIOR
                                 (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (BY SHRI SAMEER KUMAR SHRIVASTAVA AND SHRI YASH SHARMA-
                           ADVOCATES)

                           AND
                           SMT. REKHA YADAV ALIAS MONI W/O ARUN SINGH
                           YADAV D/O HEMANT YADAV, AGED ABOUT 26 YEARS,
                           OCCUPATION: HOUSEWIFE R/O PILI KOTHI NEARBY
                           POLICE STATION THATIPUR MORAR DISTRICT
                           GWALIOR AT PRESENT ADD. 615 GARDEN PALACE
                           NEAR NEW COLLECTORATE SIROL ROAD, GWALIOR
                           (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI SURESH AGRAWAL- ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                             ORDER

1. The instant petition has been filed under Section 482 of the Cr.P.C.

Seeking quashment of the entire proceedings bearing case No.MJCR 1904/2022 initiated under Protection of Women from Domestic Violence Act, pending before the learned JMFC, Gwalior.

2. At the outset, learned counsel for parties informed this Court that parties have settled the matter in the mediation proceedings held by learned mediator Shri Padam Singh and therefore, they have agreed to part their ways peacefully. Rs.60 lacs would be paid by husband side as permanent alimony to the wife, out of which 30 lacs have been paid and the remaining 30 lacs shall be paid as per the terms of the mediation report which is filed by learned mediator. An application under Section 13-B of Hindu Marriage Act, 1955 has been

preferred for dissolution of marriage between Arun Yadav (Husband) and Smt. Rekha Yadav (wife). Learned counsel for the parties further submitted that since matter has been settled between the parties, therefore, no purpose would be served to keep the case pending.

3. Learned counsel for respondent fairly submitted that he has no objection is complaint is quashed.

4. Heard learned counsel for the rival parties and perused the documents appended thereto.

5. The Hon'ble Supreme Court in catena of judgments Jagdish Channa & others Vs. State of Haryana & another, AIR 2008 SC 1968, Madan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969, Shiji Vs. Radhika & Another, (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466, B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 , laid

down that even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases.

6. After hearing learned counsel for the parties and taking into account the law laid down by the Apex Court, in the opinion of this Court, continuance of trial in such matter will be a futile exercise which will serve no purpose. Under such a situation, Section 482 Cr.P.C. can be justifiably invoked to prevent abuse of the process of law and wasteful exercise by the courts below.

7. Considering the submissions and the fact that both the parties have reached to settlement, therefore, no purpose would be served to keep the petition pending. Therefore, in the light of the judgements referred above, petition is hereby allowed and proceedings pending before the JMFC, Gwalior vide MJCR 1904/2022 under Protection of Women from Domestic Violence Act against the petitioners stand quashed.

8. Petition stands allowed and disposed of in above terms.

9. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(ANAND PATHAK) JUDGE Vishal