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2019 Supreme(All) 751
IN THE HIGH COURT OF ALLAHABAD
SANJAY KUMAR SINGH, J.
Alok Jaiswal and Another - Appellant
Versus
State of U.P. and Another - Respondent
Application U/S 482 No. 27720 of 2019
Decided On : 08-08-2019
Advocate Appeared:
Manvendra Nath Singh, Adv., Manish Jaiswal, Adv.
The court can quash criminal proceedings based on compromise in matrimonial disputes if the chance of ultimate conviction is bleak and no useful purpose is likely to be served by allowing the prosecution to continue.
Headnote:
Compromise - Quashing of Criminal Proceedings - Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act - 1988 1 SCC 692, 2000 3 SCC 693, 2003 4 SCC 675, 2004 AIR(SC) 261, 2017 9 SCC 641, 2019 AIR(SC) 1296
Fact of the Case:
The parties reached a settlement in a matrimonial dispute, leading to a joint affidavit and payment of Rs. 10 lakhs to the wife. The wife agreed to withdraw all cases against the husband and his family members.
Finding of the Court:
The court referred to relevant judgments and guidelines for quashing criminal proceedings based on compromise in matrimonial disputes. It concluded that the interests of justice would be met by acceding to the parties' prayer and quashed the criminal proceedings against the applicants.
Issues: Settlement of matrimonial dispute, quashing of criminal proceedings, application under Section 482 Cr.P.C.
Ratio Decidendi: The court can quash criminal proceedings based on compromise in matrimonial disputes if the chance of ultimate conviction is bleak and no useful purpose is likely to be served by allowing the prosecution to continue.
Final Decision: The impugned charge-sheet, cognizance order, and entire proceedings against the applicants under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act are quashed.
JUDGMENT :
SANJAY KUMAR SINGH, J.
1. Heard Sri Manvendra Nath Singh, learned counsel for the applicants, Sri Birendra Kumar Singh, learned Additional Government Advocate assisted by Sri Prashant Kumar Singh, learned Brief holder for the State/opposite party no.1 and Sri Manish Jaiswal, learned counsel for the opposite party no.2 and perused the record with the assistance of learned counsel for the parties.
2. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet no. 34 of 2018 dated 23.07.2018 arising out of Case Crime No. 0005 of 2017 as well as cognizance order dated 05.04.2019 and proceedings of case no.8333 of 2018 (State Vs. Alok Jaiswal and others), under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District -Allahabad pending in the court of 18th Additional Chief Judicial Magistrate, Allahabad.
3. Filtering out unnecessary details, the basic facts, in brief, which are necessary to dispose of the case are encapsulated as under:-
The applicant no.1 is husband and applicant no.2 is brother-in-law (Jeth) of the opposite party no.2 Sonali Jaiswal. The marriage of applicant no.1 was solemnized on 14.2.2013 with opposite party no.2, but their marriage was not successful, as a result thereof, the opposite party no.2 lodged FIR dated 22.1.2017 against the applicants, her father-in-law and sister-in-law making various allegations of beating, harassment and torture adopting different mods-operandi, on account of non-fulfillment of demand of dowry, etc. The Investigating Officer after investigation submitted charge-sheet dated 23.7.2018, on which, the Magistrate concerned took cognizance on 25.9.2018. The said cognizance order dated 25.9.2018 was challenged by the applicants through an application under Section 482 Cr.P.C. No. 773 of 2019, which was allowed by order dated 10.1.2019 of the co-ordinate Bench of this Court and cognizance order dated 25.9.2018 was quashed on the ground that the same was passed on a printed proforma without application of judicial mind and without considering any material brought on record by the Investigating Officer alongwith charge-sheet. By order dated 10.1.2019, liberty was also given to the Magistrate concerned to pass fresh order in accordance with law. Thereafter, A.C.J.M., Court No.18, Allahabad again passed the order dated 5.4.2019 taking cognizance of the offence and summoned the applicants afresh under Sections 498A, 323, 308, 342, 504, 506, 406 I.P.C. and > Dowry Prohibition Act to face trial. In the aforesaid background, the instant application has been preferred by the applicants.
4. On the previous hearing of this case on 25.7.2019, learned counsel for the applicants and opposite party no.2 informed the Court that now the parties concerned are willing to make settlement in the matter. On the said submissions and on the request on behalf of applicants, time was granted to the applicants to make arrangement of payment to settle the dispute amicably.
5. In the aforesaid background, today a joint affidavit dated 5.8.2019 of the applicants and opposite party no.2 has been filed by contending that now parties concerned have settled their matrimonial dispute outside the Court and they have no grievance against each other. The contents of terms and conditions of settlement as mentioned in paragraph nos. 4, 5, 6, 7, 8, 9 and 10 of the joint affidavit dated 5.8.2019 are reproduced herein-below:-
"4. That it is submitted that it has been agreed by the opposite party no.2/Smt. Sonali Jaiswal that she will receive an amount of Rs. 22,00,000/- (Twenty Two Lakhs) from the applicant no.1, and in pursuance thereof, she will withdraw all the cases including the present case filed by her against the applicants and other family members.
5. That it is submitted that the applicant no.1, as well as opposite party no.2/Sonali Jaiswal also pledge not to prosecute each other or family members with regard to present matrim
