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2024 DIGILAW 164 (ALL)

Deepshikha v. State of U. P.

2024-01-16

SUBHASH VIDYARTHI

body2024
JUDGMENT : SUBHASH VIDYARTHI, J. 1. Heard Sri Rakesh Kumar Shukla, the learned counsel for the applicant and Sri Anurag Verma, the learned AGA-I for the State. 2. By means of the instant application filed under Section 482 Cr.P.C. the informant herself has approached this Court seeking quashing of charge sheet dated 14.08.2023 submitted in furtherance of an FIR No. 65/2023 dated 13.05.2022 lodged by the applicant alleging harassment of the applicant by the opposite party nos. 2 to 5, who are her husband and his family members, for demanding dowry, the impugned summoning order dated 23.11.2023 and the entire proceeding of Criminal Case No. 125014/2023 pending in the Court of learned Civil Judge (Jr. Div.)/FTC Crime Against Women, Lucknow. 3. After filing of the FIR, the parties amicably settled their disputes and filed a suit under Section 13B of the Hindu Marriage Act, 1955 on 30.12.2021 wherein it was agreed that the opposite party no. 2 Chandan Rai will pay the agreed amount towards alimony to the applicant and the articles given at the time of marriage will be returned by both the sides. It is also one of the terms of the suit filed under Section 13B of the Hindu Marriage Act that the applicant will get proceedings of the case instituted on the basis of FIR lodged by her, closed by herself. 4. The learned AGA-I has raised objection against the maintainability of the applicant by the informant herself and he has submitted that once the charge sheet has been filed and the trial court has taken cognizance of the offence and has summoned the accused-opposite parties no. 2 to 5, it is the opposite parties no. 2 to 5 themselves, who can challenge the validity of the summoning order and the informant cannot challenge the order and the proceedings. 5. I have considered the aforesaid facts and circumstances of the case and the statements made by the learned AGA. 6. Section 482 Cr.P.C. recognizes the inherent powers of High Court to make such orders as may be necessary to prevent the abuse of the process of any court or otherwise to secure the ends of justice. 5. I have considered the aforesaid facts and circumstances of the case and the statements made by the learned AGA. 6. Section 482 Cr.P.C. recognizes the inherent powers of High Court to make such orders as may be necessary to prevent the abuse of the process of any court or otherwise to secure the ends of justice. For invoking the inherent powers of the High Court, the mere existence of apprehended abuse of the process of the court or a need for passing of order to secure the ends of justice is necessary and there is no limitation as to who can bring the circumstances justifying exercise of inherent powers to the notice of this Court. 7. The peculiar facts of the present case indicate that the applicant, who is the informant, is also being prejudiced by the continuance of the criminal proceedings instituted by herself as unless the proceedings are quashed, the suit under Section 13B filed by the applicant and the opposite party no. 2 cannot be decided. The balance agreed settlement money i.e. Rs. 7 lakh will be paid to the applicant on the date of final disposal of the suit. 8. The final disposal of the suit under Section 13B of the Hindu Marriage Act and payment of Rs. 7 lakh to the applicant is being delayed because of pendency of the criminal proceedings instituted by the applicant. Therefore, in view of the aforesaid peculiar facts and circumstances of the case, I am of the view that the application filed by the applicant-informant is maintainable and I proceed to examine the merit of the case. 9. In the FIR lodged on 13.05.2022, the applicant had stated that she got married to the opposite party no. 2 on 31.01.2019 but thereafter she was harassed by the opposite party nos. 2 to 5 for demanding dowry. Soon after lodging of the FIR, the parties settled their dispute amicably and they filed a suit for divorce by mutual consent under Section 13B of the Hindu Marriage Act. It is stated in the complaint that the opposite party no. 2 will pay a sum of Rs. 12 lakh towards one time settlement, out of which Rs. 5 lakh were paid on the date of filing of the suit and the balance amount of Rs. 7 lakh would be paid on the date of final disposal of the suit. 10. 2 will pay a sum of Rs. 12 lakh towards one time settlement, out of which Rs. 5 lakh were paid on the date of filing of the suit and the balance amount of Rs. 7 lakh would be paid on the date of final disposal of the suit. 10. It is also stated in the plaint that the parties have returned some of the articles given at the time of marriage to each other and rest of the articles will be exchanged before final decision of the suit. 11. The plaint further states that the parities will get the proceedings instituted by them against each other closed themselves. 12. The learned counsel for the applicant has submitted that the applicant had given a copy of the plaint under Section 13B of the Hindu Marriage Act to the Investigating Officer with a request to close the investigation and submit a final report but he did not accept the same and submitted a charge sheet and the Court has taken cognizance of the offence and summoned opposite party nos. 2 to 5 to face trial by means of the impugned order dated 23.11.2023. The learned counsel for the applicant has submitted that because of the pendency of criminal cases, the proceedings under Section 13B of the Hindu Marriage Act, 1955 are not being decided finally and the balance amount of one time settlement is not being paid to the applicant and some articles are also yet to be exchanged between the parties before final disposal of the suit. 13. As the prayer made in the application is in favour of the opposite party nos. 2 to 5 and it will not adversely affect them, there is no need to issued notice to the opposite party nos. 2 to 5 and the notice is dispensed with. 14. In view of the aforesaid facts, the application is allowed. 15. The charge sheet dated 14.08.2023 submitted in furtherance of an FIR No. 65/2023 dated 13.05.2022, the impugned summoning order dated 23.11.2023 and the entire proceeding of Criminal Case No. 125014/2023 pending in the Court of learned Civil Judge (Jr. Div.)/FTC Crime Against Women, Lucknow, are hereby quashed.