Allahabad High Court
Subhash Jaiswal And 3 Others vs State Of U.P. And Another on 25 September, 2024
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:157147 Court No. - 76 Case :- APPLICATION U/S 482 No. - 18513 of 2024 Applicant :- Subhash Jaiswal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Kumar Chaturvedi Counsel for Opposite Party :- G.A.,Novneet Kumar Srivastava Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record.
2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2/informant and learned AGA for the State.
3. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings of case No. 178 of 2019 (State Vs. Subhash Jaiswal And Others), arising out of case crime no. 558 of 2017, under Sections 498A, 506 IPC and Section 3/4 of D.P. Act, P.S. Bhadohi, District Bhadohi (Sant Ravidas Nagar), pending in the court of Civil Judge/FTC (CAW), Bhadohi, Gyanpur, on the basis of compromise arrived at between the parties.
4. It has been submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2/informant and remaining applicants are family members of applicant no. 1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
5. Learned counsel for the opposite party no.2 /informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed, as no useful purpose would be served by exhausting remedy of trial.
6. Learned A.G.A. has no objection if parties compromise the matter.
7. I have considered the submissions and perused the record.
8. It is well settled that in appropriate cases, criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The informant does not want to proceed with the case against the applicants. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, as the continuance of the same would be nothing but wastage of time of Court.
9. In view of the aforesaid, the entire impugned proceedings of the aforesaid criminal case against applicants, namely, Subhash Jaiswal, Vijay Jaiswal, Rajesh Jaiswal & Smt. Rani Jaiswal are hereby quashed.
10. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 25.9.2024 SP/-