Court No. - 48
Case :- APPLICATION U/S 482 No. - 14010 of 2018
Applicant :- Smt. Girja Devi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar
Counsel for Opposite Party :- G.A.,Daya Shanker Yadav
Hon'ble Om Prakash-VII,J.
List revised. None present for the opposite party no. 2.
Heard Sri Jitendra Kumar, learned counsel for the applicants and learned AGA for the State.
Present application has been filed with the prayer to quash the entire proceedings of Case No. 1801 of 2013 (Anita Devi Vs. Kapindra Bind and another), under Sections 376, 498-A, 504, 506 IPC and Section 3/4 D.P. Act pending in the court of Additional Chief Judicial Magistrate, Bhadohi, Gyanpur.
Submission of learned counsel for the applicants is that although in the present matter offence under Section 376 IPC is also levelled but other offences levelled against the applicants are under Sections 498-A, 504, 506 IPC and Section 3/4 D.P. Act. Both the parties have settled the dispute and the settlement arrived at between the parties has been verified by the trial court as would be clear from the supplementary affidavit. It is further submitted that divorce decree under Section 13-B Hindu Marriage Act has already been allowed. Both the parties are living separately. Nothing remained for compliance of the settlement arrived at between the parties. Learned counsel for the applicants also placed reliance on the law laid down in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675 and Shahid and 10 others Vs. State of U.P. and others and submits that there is no restriction to exercise inherent jurisdiction under Section 498-A IPC to quash the proceedings of the criminal case relating to the non compoundable case. Thus, prayer made to allow the application and quash the entire proceedings of the aforesaid criminal case on the basis of compromise arrived at between the parties.
On the other hand, learned AGA opposed the prayer.
I have considered the rival submissions and have gone through the entire record carefully.
Even though some offences levelled in the matter are non-
compoundable yet Apex Court in the case of B. S. Joshi Vs. State of Haryana (2003) 4 SCC 675 has held that High Court in exercise of its inherent power under Section 482 Cr. P. C./extra- ordinary power under Article 226 of the Constitution can quash such criminal proceedings, if it is satisfied that no useful purpose would be served by allowing the prosecution to continue.
Since the litigation between the parties is an outcome of matrimonial discord between them in which other family members have also been implicated and the parties have agreed for settlement of dispute and withdrawal of criminal case initiated by them against each other, I consider it expedient in the interest of justice to set at rest the dispute between the parties and to close the litigation pending between them.
The application is liable to be allowed and the proceedings initiated against the applicants is liable to be quashed.
Accordingly, the application is allowed. Entire proceedings of Case No. 1801 of 2013, under Sections 376, 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, pending in the court of Additional Chief Judicial Magistrate, Bhadohi, Gyanpur is hereby quashed against the applicants.
Order Date :- 30.1.2019 Sanjeet