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2019 Supreme(All) 188
ALLAHABAD HIGH COURT
SANJAY KUMAR SINGH, J.
ANURAG DWIVEDI AND ANOTHER - Appellant
Vs.
STATE OF UP AND ANOTHER - Respondent
Application U/S 482 No. 8960 of 2011
Decided on : 08-01-2019
Advocate Appeared:
Janardan Prasad Tripathi, Adv., Lal Mani Singh, Adv., Sanjay Srivastava, Adv.
The main legal point established in the judgment is the court's emphasis on encouraging settlement of marital disputes and promoting amicable resolutions to prevent prolonged litigation.
Headnote:
Matrimonial Dispute - Quashing of Criminal Proceedings - Section 482 Cr.P.C. - [498A, 323, 504, 506 IPC, 3/4 D.P. Act, Hindu Marriage Act, Protection of Women from Domestic Violence Act, 2005, Section 125 Cr.P.C., Section 12 of Domestic Violence Act] - The court allowed the applications and quashed the criminal proceedings against the applicants in various cases related to matrimonial disputes, citing settlement between the parties and the interest of justice. The court referred to settled law and emphasized the need to encourage settlement of marital disputes to prevent prolonged litigation and promote amicable resolutions.
Fact of the Case:
The case involved a matrimonial dispute between Anurag Dwivedi and Smt. Deep Mala Dwivedi. The parties had filed multiple criminal misc. applications under Section 482 Cr.P.C. related to various cases including allegations of dowry harassment, domestic violence, and maintenance.
Finding of the Court:
The court found that a settlement had been reached between the parties through mediation and conciliation, leading to a final settlement agreement dated 03.07.2013. The court noted the compliance of the settlement terms by the husband and the mutual agreement for divorce, leading to the quashing of the criminal proceedings against the applicants.
Issues: The main issue was the quashing of criminal proceedings in multiple cases related to matrimonial disputes, based on the settlement between the parties and the interest of justice.
Ratio Decidendi: The court relied on established legal principles to allow the quashing of criminal proceedings, emphasizing the need to encourage settlement of marital disputes and prevent prolonged litigation. The court referred to previous judgments highlighting the importance of promoting amicable resolutions in matrimonial disputes.
Final Decision: The court allowed the applications and quashed the criminal proceedings against the applicants in various cases related to matrimonial disputes, citing settlement between the parties and the interest of justice.
Sanjay Kumar Singh, J.
Heard Sri Lal Mani Singh, learned counsel for the applicants, learned Additional Government Advocate for the State and Sri Kripa Shankar Mishra, learned counsel for the opposite party no.2.
2. Supplementary affidavit dated 19.12.2018 filed on behalf of the applicants today in Criminal Misc. Application No. 8960 of 2011 after service of copy upon the learned counsel for the opposite parties, is taken on record.
3. It is submitted by learned counsel for the parties that on account of matrimonial dispute between the parties total eight criminal misc. applications under Section 482 Cr.P.C. bearing nos. 8960 of 2011, 24791 of 2013, 24273 of 2013, 22435 of 2011, 24272 of 2013, 203 of 2016, 22436 of 2011 and 24790 of 2013 are pending before this Court. All the aforesaid applications filed by husband and his other relatives are connected with leading application u/s 482 Cr.P.C. No. 8960 of 2011 (Anurag Dwivedi and another Vs. State of U.P. and another) and are listed today before this Court. It is further submitted that on referring the matter by this Court on 23.3.2011 for mediation, all the dispute between the parties concerned have been settled long back on 3.7.2013.
4. In view of above, all the above cases are being decided together with the consent of the learned counsel for the parties taking into consideration the settlement dated 3.7.2013 and common order is being passed in leading application no. 8960 of 2011.
5. Before considering the submission advanced on behalf of learned counsel for the parties, it would be relevant to mention basic facts of the case and the relief claimed by the applicants in all the aforesaid pending applications under Section 482 Cr.P.C.
Basic facts
6. Anurag Dwivedi (applicant no.1in application no. 8960 of 2011) is husband of Smt. Deep Mala Dwivedi. Their marriage was solemnized according to Hindu rites and rituals on 20.4.2003. On account of matrimonial dispute and acrimonious relation between them Smt. Deep Mala Dwivedi (wife) left her matrimonial house in February, 2005. Both the side raised allegations against each other and tried to justify themselves on their part. Ultimately, on account of frayed relation between the parties concerned, from the side of wife one FIR was lodged on 21.05.2005 against the husband and his family members as Case Crime No. 231 of 2005 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Shivli, District Kanpur Dehat and another FIR was lodged on 27.08.2005 against the husband and his family members as Case Crime No. 303 of 2005, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar.
7. Husband Anurag Dwivedi filed a case against his wife before the court of Civil Judge (S.D.) Kanpur Nagar registered as Case No. 298 of 2005, under Section 9 of Hindu Marriage Act (Anurag Dwivedi Vs. Smt. Deep Mala Dwivedi).
8. Husband Anurag Dwivedi also filed a complaint case against his father-in-law and others before Judicial Magistrate Ist Kanpur Dehat registered as Case No. 338 of 2005 (Anurag Dwivedi Vs. Umesh Chandra Dwivedi and others), under Sections 406, 323, 504, 506 IPC.
9. Wife Smt. Deep Mala filed a case against her husband Anurag Dwivedi in the Court of Principal Judge, Family Court, Kanpur Nagar on 18.11.2006 for judicial separation, registered as Case No. 1124 of 2006 (Smt. Deep Mala Dwivedi Vs. Anurag Dwivedi), under Sections 10 and 27 of Hindu Marriage Act.
10. Wife Smt. Deep Mala also filed case against her husband under Section 125 Cr.P.C. before the Civil Judge (J.D.) Court No. 5 Kanpur Dehat registered as Case no. 147 of 2006 which was allowed in her favour on 8.1.2007 and the husband was directed to pay maintenance amount Rs. 1200 per month to the wife.
11. Wife Smt. Deep Mala also filed another case against her husband before Additional Chief Judicial Ist Kanpur Dehat registered as Case No. 1674 of 2008 (Deep Mala Dwivedi Vs. Anurag Dwivedi), under Section 12 of The Protection of W
