Allahabad High Court
Manish Shukla And 3 Others vs State Of U.P. And Another on 12 December, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:196026 Court No. - 52 Case :- APPLICATION U/S 482 No. - 7149 of 2024 Applicant :- Manish Shukla And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.,Manish Kumar Pandey,Vipin Kumar Singh Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Agnivesh, learned counsel for the applicants, Mr. Manish Kumar Pandey, learned counsel for opposite party no.2 as well as Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the records.
2. This application u/s 482 has been filed by the applicant with the prayer to quash the entire proceeding of Case No.3638 of 2022 (State Vs. Manish Shukla and others), arising out of Case Crime No.395 of 2021, under Sections 498-A, 406, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, P.S. Kokhraj, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi as well as cognizance and summoning order dated 25.7.2022 issued by Chief Judicial Magistrate, Kaushambi.
3. On 06.03.2024, the following order was passed in the matter:-
"1. The present case arises out of matrimonial dispute. The applicant no.1 is Advocate of this Court. Applicants are ready for conciliation.
2. Since the matter pertains to District Kaushambi, Senior Superintendent of Police / Superintendent of Police, Kaushambi is directed to produce opposite party no.2 before this Court on 21.3.2024.
3. Learned AGA is directed to inform the Senior Superintendent of Police / Superintendent of Police, Kaushambi to ensure the presence of opposite party no.2.
4. List this case on 21.3.2024 as fresh.
5. Till the next date of listing, no coercive measures shall be taken against applicants in Case No.3638 of 2022 (State Vs. Manish Shukla and others), arising out of Case Crime No.395 of 2021, under Sections 498-A, 406, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, P.S. Kokhraj, District Kaushambi pending in the court of Chief Judicial Magistrate, Kaushambi as well as cognizance and summoning order dated 25.7.2022 issued by Chief Judicial Magistrate, Kaushambi."
4. Again on 21.03.2024 the following order was passed:-
"1. In pursuance to the order dated 06.03.2024, opposite party no. 2-Mrs. Pratima Mishra and applicant no. 1-Manish Shukla (husband), who is practicing advocate, is present before this Court.
2. In the present case, conciliation proceedings have been drawn in the presence of learned counsels for both the parties. The deliberations are going on.
3. At this stage, learned counsel for the parties submits that the matter may be adjourned so that parties can introspect.
4. As prayed, list this case on 8th April 2024, as fresh."
5. On 16.04.2024, the following order was passed:-
"The applicant no.1 and opposite party no.2 are present in person along with their respective counsels.
Applicant no.1 seeks time to respond to the negotiation made today in Chamber.
List on 30th April, 2024 as fresh.
Interim order granted earlier shall remain in currency, till the next date of listing."
6. On 30.04.2024, the following order was passed:-
"1. Learned counsel for both the parties after conciliation proceedings have come to a conclusion that ends of justice would be served in the event, parties enter into divorce subject to payment of Rs.12,00,000/- as permanent alimony to the wife. Both parties counsel on instructions from their respective clients have made statement.
2. Let joint affidavit be filed in this respect on or before the next date.
3. List this case on 3.5.2024 as fresh.
4. Interim order, granted earlier, is extended till the next date of listing."
7. On 03.05.2024, the following order was passed:-
"A joint affidavit has been filed by the applicant no. 1 and opposite party no. 2 in respect of the compromise between the parties and according to the aforesaid compromise a permanent alimony of Rs. 12 lakh has been fixed as one time settlement (OTS).
Learned counsel for the applicants submits that amount of Rs. 12 lakh would be deposited within a week from today.
Learned counsel for the opposite party no. 2 has no objection.
Let the amount of Rs. 12 lakh be deposited before the Registrar General of this Court within a week from today. In the event the amount is deposited the same shall be kept in a fixed deposit account earning maximum interest in a nationalized bank.
List this case on 15.05.2024 in top ten cases.
Interim order granted earlier is extended till the next date of listing."
8. On 15.05.2024, the following order was passed:-
"Learned counsel for the applicants submit that Rs.12 lacs has been deposited before the Registrar General of this Court in pursuance to the order dated 3.5.2024.
Learned counsel for the parties jointly submits that divorce petition would be filed before the next date in the competent court.
List on 30th May, 2024 in top ten cases.
Interim order granted earlier shall remain in currency, till the next date of listing."
9. On 30.05.2024, the following order was passed in the matter:-
"1. Heard learned counsel for the applicants, Sri Vipin Kumar Singh, learned counsel for opposite party no. 2 and learned AGA for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Case No. 3638 of 2022 (State Versus Manish Shukla and others) arising out of Case Crime No. 395 of 2021, under sections 498-A, 406, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Kokhraj, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi as well as cognizance and summoning order dated 25.07.2022.
3. Learned counsel for the opposite party no. 2 has disputed the compromise amount and submits that additional amount should be given.
4. Since the applicants have already deposited Rs. 12 lakh before this Court and opposite party no. 2 is disputing the aforesaid amount, let the counter affidavit be filed by learned counsel for the opposite party no. 2 and learned A.G.A.
5. List in the week commencing 30.09.2024.
6. Until further order, the further proceeding of aforesaid case shall remain stayed."
10. On 28.11.2024, the following order was passed:-
"List revised. No one appears on behalf of opposite party no.2. However, learned counsel for the applicants and learned A.G.A. for the State.
List this case on 12.12.2024."
11. Today, when the matter is taken up, learned counsel for opposite party no.2 has stated that opposite party no.2 is ready to compromise the matter for permanent alimony of Rs. 12,00,000/- which as per the counsel for the applicants has already been deposited before the Registrar General, High Court, Allahabad. The opposite party no.2- Mrs. Pratima Mishra is present before this Court and has been identified by her counsel Mr. Manish Kumar Pandey, counsel for opposite party no.2.
12. As directed by this Court a case under Section 13B of the Hindu Marriage Act for mutual divorce has already been filed but opposite party no.2 has not appeared before the court concerned. The date of first motion is 16th December, 2024. Mrs. Pratima Mishra, opposite party no.2 states that she is ready to accept the amount of Rs.12 Lakhs as permanent alimony and does not wish to proceed with the case.
13. Learned counsel for the applicants submits that since the opposite party no.2 has stated before this Court that she is ready to accept the amount of Rs.12 Lakhs as permanent alimony and does not wish to proceed with the case, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
14. Learned counsel for opposite party no.2 and learned A.G.A. for the State do not dispute the aforesaid submission.
15. This Court is not unmindful of the following judgements of the Apex Court:
(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
16. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
17. Considering the facts and circumstances of the case, as noted herein above, and also the statement given by opposite party no.2 before this Court in presence of, Mr. Agnivesh, learned counsel for the applicants, Mr. Manish Kumar Pandey, learned counsel for opposite party no.2 and Mr. Rizwan Ahmad, learned A.G.A. for the State, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
18. Accordingly, the proceedings of Case No.3638 of 2022 (State Vs. Manish Shukla and others), arising out of Case Crime No.395 of 2021, under Sections 498-A, 406, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, P.S. Kokhraj, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi as well as cognizance and summoning order dated 25.7.2022 issued by Chief Judicial Magistrate, Kaushambi, on the basis of statement of opposite party no.2 given before this Court, are hereby quashed.
19. The application is, accordingly, allowed. There shall be no order as to costs.
20. Learned counsel for opposite party no.2 shall move an application before the Registrar General, High Court, Allahabad for release of amount of Rs.12 Lakhs which has been deposited by the applicants, only after when the opposite party no.2 appears on 16.12.2024 before the court concerned in the case filed under Section 13B of Hindu Marriage Act. In the application details of the account of opposite party no.2 may also be mentioned, so that the same is deposited in her account by the Registrar General, High Court, Allahabad.
Order Date :- 12.12.2024/Abhishek Singh