MONIKA KHANNA AND 4 OTHERS v. State of UPAND ANOTHER
A482/16919/2024 · 2025-01-10
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63737 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:5308 Court No. - 73 Case :- APPLICATION U/S 482 No. - 16919 of 2024 Applicant :- Monika Khanna And 4 Others Opposite Party :- State Of Upand Another Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Usha Devi Singh Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 /complainant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 11.03.2024, of complaint case No. 115546 of 2023 (Amit Khanna Vs. Monika and others), under Section 420 IPC, P.S. Govind Nagar, District Kanpur Nagar, pending in the court of Metropolitan Magistrate, Court No.4, Kanpur Nagar, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that essentially the matter relates to matrimonial dispute and by order dated 18.04.2024 passed in connected Application under Section 482 Cr.P.C. No.11156 of 2024, the matter was referred for mediation. During mediation both the parties have amicably settled the dispute and compromised the matter. Now the opposite party no.2/complainant does not want to pursue the impugned proceedings and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 /complainant has concurred with the arguments of learned counsel for the applicants
and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. The opposite party no.2/complainant does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned.
Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings, including summoning order of the aforesaid complaint case, against applicants, namely, Monika Khanna, Sushil Bajaj, Neelam Bajaj, Deepak Bajaj & Neeta Chawla are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 10.1.2025 SP/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad