This petition under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No.38062 of 2019, State Vs. Ramendra Pratap Singh, under Sections 498A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, arising out of Case Crime No.177 of 2017, Police Station Mahila Thana, District Lucknow, pending in the court of Judicial Magistrate/Fast Track Court Mahila Court No.50, Lucknow and the charge sheet no.716 of 2019, dated 3.6.2018 and, also the summoning order dated 16.7.2019 passed by the Additional Chief Judicial Magistrate CBI (AP), Lucknow in the aforesaid case.
Short counter filed by Mr. R.S. Yadav, Advocate on behalf of respondent No.2 is taken on record.
Petitioner no.1 and respondent no.2 tied nuptial knot on 9.12.2016 in Lucknow. It appears that soon after the marriage, differences/dispute arose between petitioner no.1 and respondent no.2. Respondent no.2 lodged an FIR No.177 of 2017, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act against the petitioners. Police after investigating the offecne, has filed charge sheet, on which learned Magistrate after taking cognizance, has issued the impugned summoning order for appearance of the petitioners.
After intervention by the family and friends, the parties have settled their dispute outside the Court and they have entered into a mutual settlement, which has been annexed with this petition. In pursuance of the aforesaid agreement, the parties have decided to get the marriage dissolved by mutual consent and they have filed petition under Section 13B of the Hindu Marriage Act. It has been further agreed that respondent no.2 shall withdraw the cases and cooperate in quashing of the cases filed against the petitioners by her and petitioner no.1 will withdraw the petition filed under Section 9 of the Hindu Marriage Act by him. Cases filed by the parties have been mentioned in paragraph seven of the settlement agreement. It has been further agreed that petitioner no.1 shall pay Rs.10 Lakhs to respondent no.2. Rs.5.5 Lakhs has been paid to respondent no.2 on 5.8.2020 and Rs.5 Lakhs is to be paid by tomorrow. Photocopy of the cheque has been produced before this Court regarding making of payment of Rs.5 lakhs.
Both the parties are present before this Court and they have been duly identified by their respective counsels. Both the parties have been confronted with the agreement and they have said that they have put their signatures on it. It is further said that they have settled their dispute and an agreement has been entered between them without any force or coercion and they will abide by the said settlement. Respondent no.2 submits that she does not want to prosecute the case and proceedings be quashed.
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.
In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and the proceedings of Case No.38062 of 2019, State Vs. Ramendra Pratap Singh, under Sections 498A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, arising out of Case Crime No.177 of 2017, Police Station Mahila Thana, District Lucknow, pending in the court of Judicial Magistrate/Fast Track Court Mahila Court No.50, Lucknow and the charge sheet no.716 of 2019, dated 3.6.2018 and also the summoning order dated 16.7.2019 passed by the Additional Chief Judicial Magistrate CBI (AP), Lucknow are quashed.
Order Date :- 8.2.2021 Rao/-