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Allahabad High Court · body

2007 DIGILAW 2095 (ALL)

DUSHYANT THAKOR v. STATE OF UTTAR PRADESH

2007-08-10

RAVINDRA SINGH

body2007
JUDGMENT Hon’ble Ravindra Singh, J.—This application under Section 482, Cr.P.C. has been filed by the applicants Dushyant Thakor, Smt. Kusum Thakor, Vaishali Mittar and Mandir Mittar with a prayer to quash the proceedings of Criminal Case No. 18236 of 2006 under Sections 498A, 323, 504, 506, I.P.C. and 3/4 Dowry Prohibition Act pending in the Court of learned C.J.M., Allahabad. 2. The facts in brief of this case are that the FIR of this case has been lodged by Neeraj Chug against the applicants at P.S. Civil Lines, District Allahabad in case Crime No. 231 of 2006 on 11.9.2006 at 3.10 p.m. alleging therein that first informant has performed marriage of his sister Vaishali with applicant No. 1 Dushyant Thakor on 23.4.2003, thereafter the demand of dowry was raised. To fulfill the demand of dowry the sister of the first informant was subjected to cruelty. The matter was investigated by the I.O. who submitted the charge-sheet on 27.11.2006 in the Court of learned C.J.M. Allahabad who took the cognizance and summoned the applicants to face the trial on 21.12.2006. Subsequently, the matter was settled between the parties, they entered into a compromise and both the husband and wife decided to live separately. On the basis of the compromise the present application has been filed to quash the proceedings pending in the Court of learned C.J.M., Allahabad vide Criminal Case No. 18236 of 2006 arising out of charge-sheet submitted by the I.O. in case Crime No. 231 of 2006 under Sections 498A, 323, 504, 406, I.P.C., P.S. Civil Lines, District Allahabad. 3. Heard Sri Vinay Saran, learned Counsel for the applicants, learned A.G.A. for the State of U.P. and Sri Vipin Sinha, learned Counsel for O.P. No. 2. 4. It is contended by learned Counsel for the applicant that in the present case Smt. Nidhi Thakor the sister of O.P. No. 2 has entered into a compromise with her husband Dushyant Thakor, the applicant No. 1 and they have decided to live separately. In terms of the compromise a maintenance case No. 501 of 2006 under Section 125, Cr.P.C. filed by Smt. Nidhi Thakor has been decided. In terms of the compromise a draft of Rs. 7 Lacs having No. 489844 issued by Punjab National Bank has been handed over to Smt. Nidhi Thakor by applicant No. 1 Dushyant Thakor. In terms of the compromise a maintenance case No. 501 of 2006 under Section 125, Cr.P.C. filed by Smt. Nidhi Thakor has been decided. In terms of the compromise a draft of Rs. 7 Lacs having No. 489844 issued by Punjab National Bank has been handed over to Smt. Nidhi Thakor by applicant No. 1 Dushyant Thakor. Smt. Nidhi Thakor has also appeared before this Court and she stated that she does not want to prosecute the applicants because she has entered into a compromise. In such circumstances the proceedings arising out of charge sheet dated 27.11.2006 under Sections 498A, 323, 504, 506 I.P.C. pending in the Court of learned C.J.M., Allahabad shall not serve any purpose because the witnesses shall not support the prosecution story, the result of the proceedings shall be the acquittal of the applicants. In such circumstances to meet the ends of justice, the proceedings pending against the applicants may be quashed. 5. In reply of the above contention, it is submitted by learned Counsel for O.P. No. 2 that both the parties have entered into a compromise and they have decided to live separately and in terms of the compromise a draft of Rs. 7 Lacs has been given to Smt. Nidhi Thakor the wife of applicant No. 1. Smt. Nidhi Thakor and her brother O.P. No. 2 Neeraj Chug do not want to proceed further against the applicants in the present case and they are having no objection in quashing the proceedings of this case pending against the applicants. In the present case the applicant No. 1 Dushyant Thakor and her wife Smt. Nidhi Thakor appeared before this Court. Smt. Nidhi Thakor orally stated before the Court that she has entered into a compromise with the applicants and she has accepted the cheque of Rs. 7 Lacs which has been given in pursuance of the compromise, she does not want to proceed further against the applicants and she is having no objection in quashing the proceedings. 6. Considering the facts and circumstances of the case and submissions made by learned Counsel for the applicants, learned A.G.A., and from the perusal of the record it appears that it is a matrimonial dispute between the applicant No. 1 and his wife Smt. Nidhi Thakor, they have entered into a compromise and decided to live separately to lead their life, according to their free will and consent. The O.P. No. 2 and his sister Smt. Nidhi Thakor do not want to proceed further against the applicants and they are having no objection in quashing the proceedings of this case against the applicants. In terms of compromise a draft of Rs. 7 Lacs has been given to Smt. Nidhi Thakor the wife of applicant No. 1. In such circumstances the fate of the proceedings pending in the Court of learned C.J.M. concerned is predecided i.e. the acquittal of the accused persons because the witnesses shall not support the prosecution story on account of compromise. It shall be abuse of the process of the Court if the proceedings are not quashed. In view of decision of Apex Court in case of B.S. Joshi and others v. State of Haryana and another, AIR 2003 SC 1386 , in such matrimonial case if the parties have entered into a compromise the proceedings may be quashed. 7. In view of above discussion the proceedings of case No. 18236 of 2006 under Sections 498A, 323, 504, 506, I.P.C. and 3/4 Dowry Prohibition Act pending in the Court of learned C.J.M., Allahabad arising out charge-sheet dated 27.11.2006 of Case Crime No. 231 of 2006 P.S. Civil Lines, District Allahabad are hereby quashed. Accordingly, this application is allowed. ———