Court No. - 49
Case :- APPLICATION U/S 482 No. - 27846 of 2018 Applicant :- Karan Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant, Shri Ajay Kumar, 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 criminal proceeding of S.T. No. 12/2017 (Case No. 3336 of 2015) (State Vs. Karan Singh and others), arising out of Case Crime No. 32/2015, under Section 498A, 307 I.P.C., and Section 3/4 D.P. Act, Police Station Dannahaar, District Mainpuri, pending in the court of Additional District Judge, Court no. 2, Mainpuri, in terms of the compromise dated 29.05.2018.
3. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant and the opposite party no. 3.
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 applicant nor any criminal offence as alleged had ever occurred;
(iii) 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 applicant in seeking quashing of the criminal prosecution.
(iv) the parties have decided to dissolve their marriage. In this regard, a petition for dissolution of the marriage between the parties has been filed at Mainpuri before Principal Judge being Petition No. 273 of 2018;
(v) further, the applicant has paid to opposite party no. 3, Rs 5 lakhs by demand draft towards full and final settlement of Rs. 8 lakhs claim against that applicant for alimony or otherwise and;
(vi) therefore, in such changed circumstances, the opposite party nos. 2 and 3 do not wish to press charges against the present applicant. The opposite party no. 3 in her counter affidavit has admitted to the aforesaid fact.
5. Shri Ajay Kumar has filed his appearance slip on behalf of opposite party nos. 2 and 3 as well as filed personal affidavit of opposite party nos. 2 and 3. He does not dispute the correctness of the submission made by learned counsel for the applicant. In fact, paragraph nos. 5, 6, 7 and 8 of the counter affidavit read as under :
"5. That on 4.2.2015, the applicant and his family committed the offence, regarding this fact the father of deponent lodged a first information report in case crime No.16 of 2015, under Sections 498-A, 323, 307 IPC and 3/4 D.P. Act, Police Station Dannahar District Mainpuri.
6. That in between the parties so many litigation arise, now compromise made, stated that all the cases arises between parties, are settled in this compromise.
7. That there is no objection through the deponent for settle this case according to compromise.
8. That in view of aforesaid facts and circumstances, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased the aforesaid criminal misc. application U/s/ 482 Cr.P.C. is liable to be dismissed."
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 :- 26.9.2018 Prakhar