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2010 Supreme(All) 4207
2011(72) ACC 161
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble S.C. Agarwal,J.
Kulwant Singh And Others Appellant
Versus
State Of U.P. & Another Respondent
APPLICATION U/S 482 No. - 31156 of 2010
Decided On: 6.12.2010
Petitioner Counsel:- Rajesh Kumar Gupta
Respondent Counsel:- Govt. Advocate,Harikesh K.Gupta
The main legal point established in the judgment is the advisability of accepting compromise in purely personal disputes, especially in criminal proceedings, to save time and resources.
Headnote:
Compromise - Matrimonial Dispute - Section 482 Cr.P.C. - 498A, 323, 504, 506 IPC, D.P. Act - [Section 482 Cr.P.C., 498A, 323, 504, 506 IPC, D.P. Act] - The court discussed the settlement agreement between the parties, the payment of alimony, and the withdrawal of civil and criminal cases. The court also referenced the Apex Court's emphasis on accepting compromise in purely personal disputes, especially in criminal proceedings, to save time and resources.
Fact of the Case:
The parties were involved in a matrimonial dispute which was amicably settled through a mediation agreement. The applicant had filed a petition to quash the charge-sheet arising from the dispute.
Finding of the Court:
The court found that the dispute was of a purely personal nature and had been mutually settled by the parties. It emphasized that continuing the criminal case would be a wastage of time and resources, as there was no hope for a result in favor of the prosecution.
Issues: The main issue was whether the court should quash the criminal proceedings in light of the amicable settlement between the parties.
Ratio Decidendi: The court emphasized the advisability of accepting compromise in purely personal disputes, especially in criminal proceedings, to save time and resources. It considered the settlement agreement and the payment of alimony as key factors in reaching its decision.
Final Decision: The court allowed the application and quashed the impugned charge-sheet and entire proceedings of the criminal case.
1. Applicant no. 1- Kulwant Singh is present in person in Court and he is identified by his counsel Rajesh Kumar Gupta. Opposite party no. 2 is also present in person and she is identified by her counsel Sri Harikesh Kumar Gupta. Both the parties submitted that there has been a compromise between them and this application be disposed of in terms of compromise.
Counter affidavit filed on behalf of opposite party no. 2 is taken on record.
Heard Sri Rajesh Kumar Gupta, learned counsel for the applicant, learned AGA for the State as well as Sri Harikesh Kumar Gupta, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet no. 175 of 2008 arising out of case crime no. 764 of 2008, under Sections 498A, 323, 504, 506 IPC and ? D.P. Act, P.S. Puranpur, District- Pilibhit, registered as criminal case no. 4544 of 2008 (State Vs. Kulwant Singh & others) pending in the Court of C.J.M. Pilibhit.
2. A matrimonial petition no. 151 of 2008 (Kulwant Singh Vs. Smt. Mandeep Kaur) between the applicant no. 1-Kulwant Singh and opposite party no. 2-Smt. Mandeep Kaur was pending in the Court of Civil Judge (Senior Division) Pilibhit. An application for transfer under Section 24 C.P.C. being transfer application no. 71 of 2010 was filed by opposite party no. 2 against applicant no. 1 wherein, by order dated 11th February, 2010, the matter was referred to Mediation Centre of this Court.
3. During mediation proceedings, parties came to terms and settlement agreement was executed on 9.9.2010 (Annexure No. 5).
Para 6 of the settlement agreement provides as under :-
" The following settlement has been arrived at between the parties hereto :-
a. That Smt. Mandeep Kaur Sanggha (Applicant-wife) and Sri Kulwant Singh (Opposite party- husband) were married on 21.9.2007. Due to strained relationship between husband and wife, they were living separately since 20.4.2008. They are issueless.
b. The strained relationship between husband and wife gave rise to several cases (a) Case No. 4544 of 2008, State Vs. Kulwant and others, for the ofence u/s 498A, 323, 504, 506 IPC and ? D.P. Act, pending in the Court of Chief Judicial Magistrate,, Pilibhit and (b) matrimonial petition no. 151 of 2008 Kulwant Singh Vs. Mandeep Kaur u/s 9 of Hindu marriage Act, pending in the Court of Civil Judge, (SD), Pilibhit.
c. That both the parties have decided to separtely/take mutual divorce on the condition of a permanent alimony amount of Rs. Two lacs sixty five thousand only being paid to Smt. Mandeep Kaur by Kulwant Singh.
d. That Sri Kulwant Singh has already paid Rs. 2.65 lacs on 26.8.2010 to Smt. Mandeep Kaur before this mediation centre through demand draft no. 866620 dated 20.8.2010 issued by State Bank of India, Gola Gokaran Nath branch, district Lakhimpur Kheri. The same has been received by Smt. Mandeep Kaur. After receiving the aforesaid amount, Smt. Mandeep Kaur will not be entitled to claim any kind of maintenance etc. from Sri Kulwant Singh, in future.
e. That in view of above noted agreement between the parties, both the parties agree that all civil and criminal case filed by them against each other including above noted cases, shall be treated to be withdrawn for all practical purposes from today itself. They have agreed that they will file proper application, if necessary, before the appropriate court for the same."
In para 10 of the counter affidavit, opposite party no. 2 stated as under :-
"That it is relevant to state here that a compromise has been made between applicants and opposite party no. 2 on 9.9.2010 before Allahabad High Court Mediation and Conciliation Centre through settlement agreement on which the parties concerned has also made there signature which has already been annexed as Annexure No. 5 to the present criminal misc. application hence it is such expedient in the interest of the justice that this Hon'ble Court graciously be pleased to pass th
