Heard learned counsel for the petitioners, learned counsel for respondent no.2, learned A.G.A. for the State and perused the record.
The petition under Section 482 Cr.P.C. has been filed to quash the order dated 18.02.2020 passed by Additional District & Sessions Judge/F.T.C. (New), Lakhimpur Kheri in Criminal Revision No.76 of 2019 (Bhupendra Singh Mand and another Vs. Jagdev Singh & another) whereby the revision of the applicants has been rejected and order dated 18.04.2019 passed by Civil Judge (J.D) F.T.C./A.C.J.M., Lakhimpur Kheri by which the discharge application of applicants under Section 245(2) of Cr.P.C. along with order dated 31.05.2019 by which the bailable warrants have been issued against the applicants in Complaint Case No.514 of 2018, under Sections 419, 420, 406, 504, 506, 498-A I.P.C. & Section 3/4 of D.P. Act, Police Station Kheri, District Kheri.
The matter was referred to Mediation & Conciliation Centre of this Court. The parties have settled their dispute outside the court and they have entered into settlement/agreement signed before the Mediator and the counsels of the parties. The compromise arrived at between the parties is available on record. The parties have settled their dispute in the following manner :-
"(i) Disputes and differences had arisen between the parties hereto and Criminal Misc. Case No.1942 of 2020 (u/s482) was filed before Hon'ble High Court, Lucknow Bench, Lucknow.
(2) The matter was referred to Mediation/Conciliation vide an order dated 04.11.2020 passed by Hon'ble Mr. Justice Alok Mathur.
(3) The parties agreed that Ms. Appoli Srivastava, Advocate, High Court, Luckonw would act as their Mediator/Conciliator.
(4) During the process of Conciliation/Mediation the parties have, with the assistance of the Mediator/Conciliator, voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
(5) That the daughter of respondent no.2 was married to the son of petitioner no.1 in the year 2017 at Punjab and Canada as their daughter & son were working & settled at Toranto, Canada.
(6) That, however, the marriage solemnized between the daughter of respondent no.2 and son of petitioner no.1 was annulled by the Courts in Canada on 23.11.2019 and decree of divorce was granted to them.
(7) That respondent no.2 had preferred complaint cases no.514 of 2016 u/s 419, 420, 406, 504, 506, 498-A of I.P.C. & 3/4 of Dowry Prohibition Act, 1961 in the Court of Additional District & Session Judge/F.T.C. (New) Lakhimpur Kheri against petitioners, as he had felt cheated by act of petitioner in conducting the marriage."
I have considered the submissions of learned counsel for the parties.
Considering the ratio laid down by the Supreme Court in the cases of B.S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
Considering the fact that the impugned criminal proceedings were result of matrimonial discord between the parties and the parties have entered into compromise, the present petition is allowed and proceedings of Complaint Case No.514 of 2018, under Sections 419, 420, 406, 504, 506, 498-A I.P.C. & Section 3/4 of D.P. Act, Police Station Kheri, District Kheri, as well as bailable warrant dated 31.05.2019 against the petitioners are quashed.
Order Date :- 15.4.2021 Anand Sri./-