Allahabad High Court
Reeta Devi vs State Of U.P. And Another on 30 July, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:122142 Court No. - 74 Case :- APPLICATION U/S 482 No. - 16253 of 2024 Applicant :- Reeta Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Sandeep Kumar Pandey, learned counsel for applicant and learned AGA for State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of order dated 23.04.2024 passed by Additional Civil Judge (Senior Division)-1/ Additional Chief Judicial Magistrate, Gautambudh Nagar in Complaint Case No. 897 of 2018 (Reeta Devi vs. Preeti Rani), under Sections 323, 504, 506 IPC, Police Station Soorajpur, District Gautambudh Nagar.
3. Applicant before this Court has filed a criminal complaint being complainant against Opposite Party No. 2, i.e., her daughter-in-law and Trial Court summoned Opposite Party No. 2 vide order dated 09.07.2019 passed under Section 204 Cr.P.C. to face trial under Sections 323, 504, 506 IPC. For reference said order, in its entirety, is reproduced hereinafter:
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4. Learned counsel for applicant submits that above referred criminal complaint case is still pending and during intervening period parties have arrived a settlement mainly between Opposite Party No. 2 and her husband and learned counsel refers a photocopy of agreement which annexed alongwith this application that parties have agreed that all proceedings pending between parties will be withdrawn.
5. In aforesaid circumstances, since above referred criminal complaint was also arising out of matrimonial dispute, therefore, applicant filed an application before Trial Court concerned on 13.02.2024 that she does not want to pursue further criminal complaint. The application, in its entirety, is reproduced hereinafter:
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6. Learned counsel for applicant further submits that above referred application was rejected by Trial Court by impugned order dated 23.04.2024 on ground that since present criminal case is a warrant case, therefore, Section 257 Cr.P.C. is not applicable as it relates to only summon cases. For reference said order dated 23.04.2024 is reproduced hereinafter:
"File put up. Complainant along with Ld. Advocate present. Accused absent Complaint has given an application to withdraw the complaint. Heard and perused the record.
Present case is warrant trial and at the stage of presence of Accused after summoning. Thereby U/s 257 Cr.P.C is not applicable. Hence application is rejected. Summons issued to accused accordingly. File put up on 05.07.2024 for further hearing."
7. Learned counsel submits that in above referred circumstances when parties are agreed to settle their dispute and to withdraw all proceedings, this Court while exercising inherent powers, to secure ends of justice, consider the above referred application as a compounding application filed under Section 320 Cr.P.C. and quash the proceedings or compound the offence as in the present case applicant is the person who can compound the offence.
8. Learned AGA appearing for State has not opposed the above prayer and submits that to secure ends of justice this Court can invoke inherent power to quash the proceedings.
9. In the present case, parties have entered into a settlement and decided to withdraw all pending cases which also include present one and applicant, i.e., complainant, has herself approached Trial Court to withdraw her complaint case. However, this Court is of the opinion that Trial Court has not committed any legal error by rejecting application in the light of Section 257 Cr.P.C. However, as referred above, even in these circumstances, this Court has inherent power to quash proceedings treating the application under Section 320 Cr.P.C.
10. In view of above, in order to secure ends of justice, the proceedings arising out of Complaint Case No. 897 of 2018 (Reeta Devi vs. Preeti Rani), under Sections 323, 504, 506 IPC, Police Station Soorajpur, District Gautambudh Nagar, are hereby quashed. The application is accordingly disposed of.
11. Registrar (Compliance) to take steps.
Order Date :- 30.7.2024 AK