RISHU ALIAS SURJEET SINGH AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS
A482/32962/2024 · 2025-05-22
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99625 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99625 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:88413 Court No. - 75 Case :- APPLICATION U/S 482 No. - 32962 of 2024 Applicant :- Rishu Alias Surjeet Singh And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anjali,Pramod Kumar Singh Counsel for Opposite Party :- G.A.,Kavita Srivastava,Varsha Singh Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants, Ms. Kavita Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 1608 of 2019 (State Vs. Rishu and Others), arising out of Case Crime No. 0048 of 2018, under Section 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Hathras, on the basis of compromise arrived at between the parties. 3. In the present case the counsel for the applicants has produced certified copy of the judgment dated 07.02.2025 passed in Divorce Petition No. 429 of 2024 by the Family Court, Hathras. Learned counsel for the applicants submits that by the judgment dated 07.02.2025 the marriage has been dissolved on mutual agreement in this respect para 8 of the aforesaid judgment is quoted herein below:-
"8. In this case, true intention of the parties, to dissolve their marital ties through mutual settlement is apparent & clear. Sri Reesu @ Surjeet has paid all the dues and maintenance etc. to his wife Smt. Saroj Devi, which has been duly accepted by her and now, nothing remains due. To this effect, Marginal-Nothings had also been made on the order-sheet of this file, by the Petitioners/Applicants."
4. Learned counsel for the applicants submits that in view of the settlement between the parties, the present application may be quashed. 5. Learned counsel for the opposite party nos. 2 and 3 Ms. Kavita Srivastava also submits that the parties have entered into
a compromise and she would have no objection, if the criminal proceedings against the applicants are quashed. 6. Learned A.G.A. has no objection and he further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 7.
Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 8. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 9. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties, no useful purpose would be served in proceeding with the matter further. 10. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 11. The present application under Section 482 Cr.P.C. is, accordingly, allowed.
Order Date :- 23.5.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad