Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Shamim Ahmed, J.
Madhu Tiwari – Applicant
Versus
State Of U.P. Thru. Secy. Home Deptt. Lko. And Others – Opposite Party
Application U/S 482 No. - 4095 of 2023, Application U/S 482 No. - 3121 of 2022, Application U/S 482 No. - 5104 of 2021
Decided On : 07-05-2024
QUASHING - CRIMINAL PROCEEDINGS - Sections 323, 504, 506, 307, 384, 385, 388, 389 IPC; Section 13(B) of Hindu Marriage Act; Section 482 Cr.P.C. - The court discussed the application of various sections of the IPC concerning minor and major offences, the provisions of the Hindu Marriage Act regarding mutual divorce, and the inherent powers under Section 482 Cr.P.C. to quash criminal proceedings. The court emphasized the importance of settlement between parties and the discretion to waive statutory waiting periods in divorce cases, leading to the quashing of multiple criminal cases between the parties.
Fact of the Case:
The case involves multiple counter cases filed by Mitali Tiwari and Himanshu Tiwari against each other, including criminal complaints and domestic violence allegations. The parties sought to quash these proceedings following a mutual agreement to settle their disputes, including a divorce petition under Section 13(B) of the Hindu Marriage Act.
Finding of the Court:
The court found that both parties had reached a genuine settlement, including financial arrangements and a mutual decision to file for divorce. The court recognized the need to expedite the divorce process and quash the ongoing criminal proceedings to prevent further legal complications.
Issues: Whether the ongoing criminal proceedings should be quashed in light of the settlement between the parties and the filing of a mutual divorce petition under Section 13(B) of the Hindu Marriage Act.
Ratio Decidendi: The court held that the inherent powers under Section 482 Cr.P.C. allow for quashing of criminal proceedings when the parties have settled their disputes, especially in cases where the offences are of a civil nature. The court also reiterated that the statutory waiting period for divorce under Section 13(B) can be waived if certain conditions are met, as established in previous Supreme Court rulings.
Final Decision: The court quashed all pending criminal proceedings between the parties and directed the Family Court to expedite the divorce process, allowing for the waiver of the statutory waiting period as per the established legal principles.
JUDGMENT :
Hon'ble Shamim Ahmed, J.
1. Heard Sri Alok Saran as well as Sri Himanshu Suryavanshi, learned counsel for the Mitali Tiwari and Sri Nadeem Murtaza, learned counsel for the Himanshu Tiwari and Madhu Tiwari.
2. Since all the three cases are counter blast cases filed by the parties against each other, therefore, all the cases are being decided with the common judgment and Application under Section 4095 of 2023 is being treated as leading case.
(I) Application under Section 4095 of 2023:-This application has been filed with a prayer to quash the impugned order dated 27.03.2023 in Criminal Revision Case No.209/2022 (Madhu Tiwari Vs. State of U.P. and 7 Others) passed by learned Sessions judge-I. Lucknow, which had affirmed the order dated 28.02.2022 passed by learned Judicial Magistrate-III, Lucknow, whereby partially opposite parties are summoned for minor offences under Sections 323, 504, 506 I.P.C. and all the opposite parties were summoned for committing additional major offences under Sections 307, 384, 385, 388, 389 I.P.C. read with Section 34 I.P.C. in Criminal Complaint Case No.1882 of 2020 pending before the learned Judicial Magistrate-III, Lucknow.
(II) Application under Section 5104 of 2021:-This application has been filed with a prayer to quash the order dated 17.11.2021 in Criminal Revision No.152 of 2021, under Section 397 Cr.P.C. read with Section 399 Cr.P.C. passed by learned Additional District and Sessions Judge-7, Lucknow as well as to quash the order dated 27.07.2021 in Misc. Criminal Case No.3803 of 2020, under Sections 190 Cr.P.C. read with Section 200 Cr.P.C. passed by learned Special Chief Judicial Magistrate Custom, Lucknow.
(III) Application under Section 3121 of 2023:-This application has been filed with a prayer to quash the order of summoning dated 28.02.2022 passed by the Judicial Magistrate-III, Lucknow in Criminal Complaint No.1882 of 2020, under Sections 323, 504, 506 I.P.C., Police Station Mandiaon, District Lucknow as well as to quash the entire criminal proceedings in pursuance thereof.
3. On 03.04.2024, this Court has passed the following order:-
“Heard Mr. Anand Kumar Srivastava, learned Counsel for the applicants, Mr. Nadeem Murtaza, learned Counsel for the private opposite parties, Mr. Ashok Kumar Singh, learned A.G.A. for the State-opposite party.
The present application under Section 482 Cr.P.C. has been moved by the applicant seeking quashing of the impugned order dated 27.03.2023 in Criminal Revision Case No.209/2022 (Madhu Tiwari vs. State & 7 Others) passed by court of learned Sessions Judge I, Lucknow which had affirmed order dated 28..02.2022 passed by learned Court of Judicial Magistrate III, Lucknow which has only partially summoned the opposite parties for committing minor offences under Sections 323/504/506 I.P.C. and thereby summoning all the opposite parties for committing additional major offences under Section 307, 384, 385, 388, 389 r/w 34 I.P.C. in Criminal Complaint Case No.1882/2020 (Madhu Tiwari vs. Mitali Tiwari & 6 Others) pending before learned Court of Judicial Magistrate III, Lucknow.
In compliance of the order dated 12.03.2024 passed by the Coordinate Bench of this Court, both the parties are present in person, who have been identified by their respective counsels.
On query made by this Court, Ms. Mitali Tiwari, submits that she is ready to settle the dispute if she is paid Rs.10,00,000/-(Rupees Ten Lacs Only) as one time alimony for her and her daughter, namely-Sambhavi Tiwari.
Mr. Himanshu Tiwari, husband of Ms. Mitali Tiwari submits that he is also ready to settle the dispute by paying a sum of Rs.10,00,000/-(Rupees Ten Lacs Only) as one time alimony to his wife and his daughter. In this regard he is ready to bring the draft of Rs.5,00,000/-(Rupees Five Lacs Only) on the next date of listing of this case, in the name of Ms. Mitali Tiwari i.e. half of the alimony amount. The remaining amount of Rs.5,00,000/-will be paid to Ms. Mitali Tiwari within 20 days' from th
AI
The court established that the inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings in cases of mutual consent, and that the statutory waiting period for divorce u....
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have mutually settled their issues, ensuring justice and preventing abuse of the court process.
The court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.
The court emphasized the necessity to quash criminal proceedings when allegations do not constitute an offence, especially in matrimonial disputes resolved amicably with mutual consent and alimony.
The court held that in matrimonial disputes where parties have reached an amicable settlement, continuation of criminal proceedings is an abuse of process and not in the interest of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
