Allahabad High Court
Abhishek Awasthi vs State Of U.P. & Another on 26 March, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- U/S 482/378/407 No. - 1809 of 2021 Applicant :- Abhishek Awasthi Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Shobhit Singh,Ajai Kumar Singh,Arvind Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Sri Akarshan Bajpai, Advocate has put in appearance on behalf of opposite party no.2 by filing vakalatnama, the same is taken on record.
It has been jointly submitted by learned counsel for petitioner as well as opposite party no.2 that the FIR in this case was lodged by the opposite party no.2 against the petitioner on some misunderstanding and after investigation of the same the charge sheet has been submitted and the Magistrate concerned has also taken cognizance and has issued process against the petitioner to face the trial under Section 498-A, 323,504 and 506 I.P.C. in F.I.R.No.0368 of 2018, P.S.Krishna Nagar, Lucknow.
It is further submitted by them that now the better sense has prevailed and the parties has compromised the dispute. The terms of the settlement has been reduced into writing and the same has been filed before the court below, however the copy of the same has been placed on record as Annexure No.3. In pursuance of the said compromise, this Court was earlier approached by the parties by filing petition under Section 482 Cr.P.C. (Petition No.386 of 2020) and vide order dated 7.12.2020 this Court was pleased to refer the compromise to the trial court for the purpose of verification and also issued some directions, pertaining to the verification of the compromise. The parties were further directed to approach this Court again for the purpose of quashing of the criminal proceedings before the trial court.
Learned counsel for the petitioner as well as learned counsel for opposite party No.2 while referring to the verification report of the trial Court placed at Page No.32 of the petition submits that, now the Court has verified the compromise petition filed by the parties before the Court below (Page No.31) and a verification report has also been submitted and since the parties have compromised the matter, there is no benefit in keeping the proceedings of the Criminal Case No. 39538 of 2019 in Case Crime No. 0368 of 2018, under Sections 498A,323,504,506 I.P.C. P.S.Krishna Nagar, District Lucknow, pending and, therefore, the proceedings of the above mentioned case be quashed.
Learned A.G.A. will also have no objection, pertaining to the fact that, the dispute is purely matrimonial in nature.
Having considered the arguments of learned counsel for the petitioner as well as learned A.G.A. and learned counsel for opposite party No.2, perusal of record shows that, due to strained relations in between opposite party No.2 (wife) and petitioner (husband), the above case is pending in between the parties. However, a compromise had taken place, whereby a stipulation was made that the parties will withdraw the criminal cases pending against each other. This Court was approached by the parties and a specific order was passed in Case (482) No. 386 of 2020 vide order dated 07.12.2020, directing the subordinate Court to verify the compromise. Now the compromise have been verified and verification report has also been prepared by the subordinate Court, copy of which is made available on record as Annexure No.4.
The record further reveals that, the allegations in the FIR, pertaining to the criminal case pending before the court below, mentioned herein-above are purely matrimonial in nature and are not affecting the interest of public at large or of the society.
Since the dispute between the parties is purely of matrimonial nature and the parties have settled their dispute by filing a compromise before the trial Court and the trial Court has verified the compromise, therefore, keeping in view the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, Narinder Singh Vs. State of Punjab reported in (2014)6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 as well as in a recent case decided by Hon'ble the Supreme Court on 4.10.2017 passed in Crl. Appeal No. 1723 of 2017, arising out of SLP (Crl.) No. 9549 of 2016 Parbatbhai Aahir @ Parbatbhai, Bhimsingh Bhai Karmur and others Vs. State of Gujrat reported in (2017)9 SCC 641, the proceedings of above mentioned Criminal Case No. 39538 of 2019 in Case Crime No. 0368 of 2018, under Sections 498A,323,504,506 I.P.C. P.S.Krishna Nagar, District Lucknow, are hereby quashed.
Accordingly, the petition filed by the petitioner under Section 482 Cr.P.C. is allowed.
Order Date :- 26.3.2021 Irfan