Indradutta Shukla and 4 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39766 of 2023 Applicant :- Indradutta Shukla And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Shri Ravi Kumar (Dubey) filed Vakalatnama on behalf of complaint is taken on record. 1A. Heard learned counsel for the applicant s and Shri Ravi Kumar (Dubey), learned counsel for the opposite party no. 2 as well as learned AGA for the state.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case no. 288 of 2022, arising out of Case Crime No.0369 of 2021, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station Karwi Kotwali Nagar, District Chitrakoot pending in the court of learned Chief Judicial Magistrate, Chaitrakoot on the basis of compromise dated 28.08.2023 which was verified by the Judicial Magistrate-First, Chitrakoot on 28.08.2023.

¶3Pursuant to order dated 04.8.2023, the parties appeared before the court below for verification of settlement/ compromise, who were duly identified by their counsel's, while verifying the compromise / settlement dated 28.08.2023

¶4It is submitted by learned counsel for the applicant that all the disputes and differences have been settled between the parties. At this stage, learned counsel further submitted that continuation of the proceedings of the aforesaid case will be an abuse of process of law. No fruitful purpose would be served by keeping the matter pending. In support of his contention, learned counsel for the applicant has also placed reliance on the law laid down by Apex Court in Gian Singh vs. State of Punjab, (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.

¶5On the other hand, learned counsel for the opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid complaint case pending before the trial court is quashed.

¶6I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

¶7In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its inherent extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involve private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.

¶8The facts and circumstances as stated hereinabove are peculiar in the present case. From perusal of the record, it is apparent that the applicant no.1 and complaint namely Vandana Shukla solemnized marriage with each other on 2.03.2019 according to Hindu Rites and Rutuals. It is further alleged that on 27.7.2021, the younger sister of complainant came with her husband in her house and they are talking to each other and applicants nos. 1, 4 and 5 came and started to abuse her and also started to beat to her by kick and feet. Nothing overt act has been done with her and as of now the matter has been mutually compromised between the parties. As such, looking to the facts and circumstances of the case, no mental depravity is involved in the case. If the request of the parties is denied, it will be amounting to only adding one more criminal case to the already overburdened criminal courts.

¶9Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.

¶10In view of the above, the Application u/s 482 Cr.P.C. is allowed.

¶11The entire proceedings proceedings of Case no. 288 of 2022, arising out of Case Crime No.0369 of 2021, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station Karwi Kotwali Nagar, District Chitrakoot against the applicants are quashed in terms of compromise arrived at between the parties. Order Date :- 30.10.2023/SFH High Court of Judicature at Allahabad