Court No. - 49
Case :- APPLICATION U/S 482 No. - 32237 of 2018 Applicant :- Gopal Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.,Shailesh Kumar Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants, Shri Nitin Sharma, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 05.09.2013, summoning order dated 03.11.2014 as well as the entire proceedings of Case No. 1401 of 2014 (State Vs. Gopal Singh and others), arising out of Case Crime No. 13/2013, under Sections- 498-A, 323, 504, 506 I.P.C., and Section 3/4 D.P. Act, Police Station- Kotwali Nagar, District- Bulandshahar, pending in the court of Ist A.C.J.M., Bulandshahar, in terms of the compromise entered between the parties on 03.12.2016.
3. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2.
4. Learned counsel for the applicants further submits that:-
(i) though the dispute between the parties were purely civil and private in nature, arising out of matrimonial discord between the parties;
(ii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iii) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(iv) certain physical injuries had been wrongly claimed by the opposite party no. 2, out of emotional hurt caused and not on account of any physical hurt or injury, as alleged. Hence, that allegation may also not stand in the way of the applicants in seeking quashing of the criminal prosecution;
(v) the parties have dissolved their marriage, the marriage having been dissolved through a decree of Family Court, Karkardooma vide order dated 05.04.2018 in H.M.A. No. 163 of 2018 that both parties acknowledge;
(vi) further, the applicant no. 1 has paid to opposite party no. 2, Rs 3,35,000/- towards full and final settlement of all her money claim against that applicants for alimony or otherwise;
(vii) therefore, in such changed circumstances, the opposite party no. 2 does not wish to press charges against the present applicants and;
(viii) in fact, it is submitted that if the criminal prosecution is allowed to proceed it may create further complication in the otherwise normal relationship that is arising between the hitherto bitterly estranged couple and their families.
5. Shri Nitin Sharma has filed his appearance slip on behalf of opposite party no. 2 as well as personal affidavit of opposite party no. 2 today, which is taken on record. He does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, paragraph nos. 14, 15, 16 and 17 of the affidavit read as under :
"14. That both the parties have amicably settled all their disputes and both parties in sound and disposing mind and under no fraud, fear, influence, coercion or under any force or compulsion have mutually agreed to end their marital relation on satisfaction of the terms and conditions as laid down all dispute with regard to maintenance past, present or future, dowry, stridhan and alimony & gifts or any other claim etc. whatsoever has been finally settled by the applicant no.1 and opposite party no.2 in the compromise dated 03.12.2016, the applicant no.1 will pay the amount to the opposite party no.2 as per the terms and condition mentioned in the agreement dated 03.12.2016.
15. That as per the compromise deed dated 03.12.2016, the applicants and their relatives will not claim the custody of minor son Garv or also not claim any visitation right in future.
16. That both the parties have amicably settled all their disputes and undertake, in future they will not to sue each other or their respective families for damages or for any other claim, criminal or civil case in the court of law.
17. That both the parties by this affidavit are giving undertaking that they will help each other in quashing of the proceedings before this Hon'ble Court or before court below."
6. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
8. The present application is accordingly allowed.
Order Date :- 19.9.2018 Prakhar