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Neutral Citation No. - 2025:AHC:52711 Court No. - 71 Case :- APPLICATION U/S 482 No. - 30871 of 2024 Applicant :- Vimal Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A., Nirbhay Singh Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for opposite party No. 2 and learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been preferred against the order dated 02.08.2024 passed by the Principal Judge, Family court, Kasganj, in criminal misc. case No. 168 of 2024, under Section 126(2) Cr.P.C., P.S. Sahawar, district Kasganj, whereby the application filed by the applicant under Section 126(2) Cr.P.C. has been rejected, as well as against the ex-parte judgement dated 16.02.2024 passed in criminal misc. case no. 7 of 2020, whereby the application filed by opposite party No. 2 under Section 125 Cr.P.C. has been partly allowed.
3. It has been submitted by learned counsel for the applicant that the applicant is husband of opposite party No. 2 and their marriage has taken place on 10.12.2017. Due to some dispute, the opposite party No. 2 has filed a case under Section 125 Cr.P.C., which was decided by ex-parte judgment dated 16.02.2024 granting maintenance to opposite party No. 2. Thereafter opposite party No. 2 has initiated proceedings under Section 128 Cr.P.C., wherein matter was referred for mediation. During mediation both the parties have amicably settled the dispute and now both the parties are happily residing together. It was further submitted that in view of these facts, the ex-parte judgment dated 16.02.2024 and the proceedings under Section 128 Cr.P.C. may be quashed on the basis of compromised arrived at between the parties.
4. Learned counsel for opposite party No. 2 has concurred with the arguments of
learned counsel for the applicant and submitted that both the parties have amicably
settled the dispute and compromised the matter and now they are happily residing together. The opposite party No. 2 does not want to proceed with the case pending before the Family court and the impugned judgement dated 16.02.2024 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 between the parties. In the instant case, the applicant is husband of the opposite party No. 2 and the dispute between the parties appears to be private in nature and it would not have any serious impact on society if parties compromise the matter. The opposite party No. 2 does not want to proceed with the case against the applicant. In proceedings under Section 128 Cr.P.C. matter was referred for mediation and during mediation proceedings both the parties have amicably settled all the dispute and now they are happily residing together. In view of these facts, it appears in the interest of justice that the ex-parte judgment dated 16.02.2024 and the proceedings under Section 128 Cr.P.C. be quashed.
8. In view of the aforesaid, the impugned ex-parte judgment dated 16.02.2024 and the proceedings under Section 128 Cr.P.C. against applicant are hereby quashed. Needless to state that in case in future the applicant neglects or refuses to maintain his wife/opposite party No. 2, she would be at liberty to invoke the provisions of Section 125 Cr.P.C. in accordance with law or to resort appropriate legal remedy that may be available under law.
9. The application u/s 482 Cr.P.C. is allowed in above terms.
Order Date :- 10.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad