Criminal proceedings can be quashed based on compromise in matrimonial disputes, provided it does not adversely impact society.

ORDER :

Raj Beer Singh, J.

1. Heard learned counsel for the applicant, learned counsel for opposite party no. 2/complainant and learned AGA for the State.

2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 21.04.2018 and cognizance/summoning order dated 19.07.2019 of Case Crime No.114 of 2017, under Section 498-A, 323, 504, 506, 406, 342 IPC, P.S. Mahila Thana, District Gorakhpur, pending in the court of Additional Chief Judicial Magistrate-IInd, Gorakhpur, on the basis of compromise arrived at between the parties.

3. It has been submitted by learned counsel for the applicant that the matter relates to matrimonial dispute and applicant is husband of the opposite party no.2. Several litigations were pending between the parties and in the matter under Section 125 Cr.P.C. matter has travelled up to the Apex Court. There both the parties have amicably settled the dispute and compromised all the cases and resultantly a case lodged by opposite party no.2 under provisions of D.V. Act and another case under Section 125 Cr.P.C. have already been quashed. It was submitted that the complainant does not want to pursue the impugned proceedings. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

4. Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant/ opposite party no.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. It was pointed out that counter affidavit of opposite party no.2 is already on record, wherein she has stated that the impugned proceedings may be quashed.

5. Learned A.G.A. has no objection if parties compromise the matter.

6. I have considered the submissions and perused the record.

7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute and it was submitted that both the parties have settled all the disputes and on that basis a case under Section 125 Cr.P.C. and another case under D.V. Act have already been compromised. The dispute between the parties is private in nature and it was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

8. In view of the aforesaid, the impugned charge- sheets/cognizance-summoning order and entire proceedings of the aforesaid criminal case against applicant, namely, Abhimanyu Pandey are hereby quashed.

9. The application u/s 482 Cr.P.C. is allowed.