Amit Kumar Yadav vs State of U. P. - 2022 Supreme(All) 955

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 955

IN THE HIGH COURT OF ALLAHABAD
GAJENDRA KUMAR, J.
Amit Kumar Yadav and Others – Appellants
Versus
State of U.P. and Another – Respondents
Application U/s 482 No. 23383 of 2022
Decided On : 19-09-2022

Advocates:
Advocate Appeared:
For the Appellants : Ashwani Kumar Mishra, Svatantr Kumar Pandey.
For the Respondent: Gyan Prakash Dwivedi.

Headnote:
Compromise - Matrimonial Dispute - Sections 498-A, 323 IPC, 3/4 D.P. Act - B.S. Joshi and Others vs. State of Haryana and Another, Gian Singh vs. State of Punjab and Another, Narinder Singh and Others vs. State of Punjab and Others, State of Madhya Pradesh vs. Laxmi Narayan and Others
Fact of the Case:

The wife lodged an F.I.R. against the husband and his family members under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act. The parties entered into a compromise and filed an application to quash the charge-sheet and summoning order.
Finding of the Court:

The parties are living together peacefully, and the wife withdrew previous applications due to the compromise. The court considered the principles laid down by the Supreme Court and allowed the application to quash the proceedings based on the compromise.
Issues: Quashing of criminal proceedings based on compromise in matrimonial disputes under Sections 498-A, 323 IPC, and 3/4 D.P. Act.
Ratio Decidendi: The court can quash criminal proceedings in matrimonial disputes when the parties have resolved their entire dispute through compromise. The nature and gravity of the crime, impact on society, and timing of settlement are crucial factors to consider.
Final Decision: The court allowed the application under Section 482 Cr.P.C. to quash the charge-sheet and summoning order based on the compromise dated 08.07.2022.

JUDGMENT :

GAJENDRA KUMAR, J.

1. Heard Sri Ashwani Kumar Mishra, learned counsel for the applicant, Mr. Gyan Prakash Dwivedi, learned counsel for the opposite party No. 2 and Sri M.P.S. Gaur, learned AGA for the State.

2. The present Application U/s 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet No. 484 of 2020 dated 29.09.2020 as well as summoning and cognizance order dated 30.07.2021 passed by the learned Additional Chief Judicial Magistrate-IV, Allahabad filed in Criminal Case No. 322 of 2011 (State of U.P. vs. Amit Kumar and Others) arising out of Case Crime No. 828 of 2019, under Sections 498-A and 323 of IPC and 3/4 of D.P. Act, Police Station-Dhoomanganj, District-Prayagraj, in view of the compromise dated 08.07.2022 executed between both the parties.

3. The brief facts of the case are opposite party No. 2 (wife) had lodged an F.I.R. on 07.08.2019 under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act against the applicants (Husband and his family members) alleging that marriage of applicant and opposite party No. 2 was solemnized in the year 2015 with Hindu rites and rituals. From the wedlock of applicant No. 1 and opposite party No. 2, one baby girl was born, who is living with opposite party No. 2 and the present applicant no. 1. The applicants have not been satisfied with the dowry and they started beating and harassing her for non-fulfillment of additional demand of dowry. Due to refusal of demand of dowry by the opposite party No. 2, applicants have beaten her, as a result, opposite party No. 2 has received injuries on her body. The investigating officer after investigation has submitted charge-sheet No. 1 dated 29.09.2021 before the Court and the cognizance was accordingly taken on 30.07.2021. In the meanwhile, due to intervention of the relatives and well wishers of the family, opposite party No. 2 and applicants have entered into compromise on 08.07.2022 outside the Court and started to live together as husband and wife along with their baby girl having no grievance with each other. The applicants have filed present Application u/s 482 Cr.P.C. to quash the charge-sheet dated 29.09.2020, on the basis of compromise dated 08.07.2022. On the matter being taken up on 31.08.2022, the Court has proceeded to pass the following order:

“Counter affidavit filed today is taken on record. Office is directed to register the same.

Heard Sri Ashwani Kumar Mishra, learned counsel for the applicants, Sri Gyan Prakash Dwivedi, learned counsel for opposite party no. 2 and Sri Pankaj Srivastava, learned AGA for the State.

Learned counsel for the parties submit that the matrimonial dispute between applicant no. 1 and opposite party no. 2 has been settled amicably and they have decided to stay together as husband and wife.

In view of the above, let applicant no. 1 and opposite party no. 2 be present before this Court on the next date fixed.

Put up, as fresh, on 19.09.2022.

Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No. 322 of 2011 arising out of Case Crime No. 828 of 2019 under sections 498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station Dhoomanganj, District Prayagraj.

Learned counsel for the parties shall inform their respective clients about this order.”

4. Learned counsel for the applicants submitted that proceeding of Criminal case under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act be quashed as parties to dispute have entered into compromise which is evident from the compromise deed dated 08.07.2022 and which is on the record of the court below, a copy of which has been annexed as Annexure-4 to the instant application. He further submitted that applicant No. 1 and opposite party No. 2 along with their baby girl are living together. He further submitted that earlier opposite party no. 2 had filed the application under Section 125 Cr.P.C. and complaint case No. 1777 of 2019, under Section 12 of Domestic Violence Act, but due to compromise, opposite par