Court No. - 72
Case :- APPLICATION U/S 482 No. - 34204 of 2017 Applicant :- Minakshi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sushil Kumar, learned counsel for the applicants; Sri Vikas Tiwari, 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 summoning order dated 09.01.2017 as well as entire proceedings of Complaint Case No.418 of 2016 (Trilok Narayan Vs. Umesh Chand & Others) under Sections 406, 323, 504, 506 IPC, P.S. Barnahal, District Mainpuri.
3. Learned counsel for the applicants submits that arising from matrimonial discord between the applicant no. 1 and opposite party no. 2, wholly false and frivolous allegations had been lodged against the applicant who is the wife of opposite party no. 2 and her family members (applicants no. 2 to 4).
4. Learned counsel for the applicants further submits that:-
(i) the dispute between the parties were purely civil and private in nature, arising out of matrimonial discord between the parties; The aforesaid prosecution is claimed to have been lodged in view of the other proceedings initiated by the present applicant against the opposite party no. 2 and his family members. In any case, it has been submitted by the learned counsel for the applicant that the real dispute between the applicant no. 1 and opposite party no. 2 have been resolved such that those parties have been able to dissolve their marriage and that all monies as were being claimed by the present applicant from opposite party no. 2, had been paid over to her and that the applicant does not have any surviving claim against the opposite party no. 2 in that record.
(ii) the FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged;
(iii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iv) 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;
(v) the parties have dissolved their marriage.
5. 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.
6. The above position of fact has not been disputed by Sri Vikas Tiwari, learned counsel for the opposite party no. 2.
7. 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.
8. 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.
10. The present application is accordingly allowed.
Order Date :- 29.5.2019 Meenu