High Court · 2025
Case Details
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.
3. This application has been filed for the following main relief(s):- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the whole proceeding of this case no. 1791/2022 (State Vs Ankur Jaiswal and Others) pending before the Learned Chief Judicial Magistrate, District Faizabad and also impugned charge-sheet no. 27/2021 dated 28.11.2021 (contained as Annexure No. 1 to this petition) which is taken into cognizance on 25.03.2020 by the Chief Judicial Magistrate Faizabad filed in case crime no. 754/2020 registered on 11.11.2020 under section 323, 504,506,498A of I.P.C. & 3/4 of D.P. Act registered at Police Station Kotwali Nagar, District Faizabad (Ayodhya) and may kindly also quash the summoning order dated 25.03.2020 issued against petitioners in case no. 1791/2022 (State Vs Ankur Jaiswal and Others) under section 498A,323,504,506,452 of I.P.C. & 3/4 of D.P. Act. issued by Learned Chief Judicial Magistrate, District Faizabad (contained as Annexure No. 2 to this petition), in the interest of justice."
4. Indisputably, the dispute between the parties is matrimonial in nature as on
11.11.2020 the FIR, registered as Case Crime No. 754/2020, under section 323, 504,506,498A of I.P.C. & 3/4 of D.P. Act registered at Police Station Kotwali Nagar, District Faizabad (Ayodhya), was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court. The relevant portion of settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto: A) That the parties have decided to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment to each other and each other's family members. C) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. D) That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. E) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. F) That the parties have agreed that the Second Party/husband will maintain his son Master Darsh Jaiswal aged about 5 years as well as his wife/First Party and provide all facilities for upbringing of the child. G) That the parties have agreed that they shall not have any objection if the TRANSFER APPLICATION (CIVIL) No.47 of 2024 (Komal Shahi Vs. Ankur Jaiswal) is decided in terms of this Settlement Agreement. That the parties have agreed to withdraw the cases filed against each other and their family members. The details of the cases are mentioned hereunder: (i) Case No.476/2024 (Old Case No.90 of 2021) U/S 12 of D. V. Act pending in the concerned Court at Faizabad. (ii) Case Crime No.0754 of 2020 U/Ss 498A, 323, 504, 506 IPC and Section 3/4 D. P. Act, Faizabad. (iii) O. S. No. 1310 of 2023 U/S 9 of Hindu Marriage Act pending before Principal Judge, Family Court, Lucknow. I) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. J) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. K) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court."
5. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.
6. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu,
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.
3. This application has been filed for the following main relief(s):- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the whole proceeding of this case no. 1791/2022 (State Vs Ankur Jaiswal and Others) pending before the Learned Chief Judicial Magistrate, District Faizabad and also impugned charge-sheet no. 27/2021 dated 28.11.2021 (contained as Annexure No. 1 to this petition) which is taken into cognizance on 25.03.2020 by the Chief Judicial Magistrate Faizabad filed in case crime no. 754/2020 registered on 11.11.2020 under section 323, 504,506,498A of I.P.C. & 3/4 of D.P. Act registered at Police Station Kotwali Nagar, District Faizabad (Ayodhya) and may kindly also quash the summoning order dated 25.03.2020 issued against petitioners in case no. 1791/2022 (State Vs Ankur Jaiswal and Others) under section 498A,323,504,506,452 of I.P.C. & 3/4 of D.P. Act. issued by Learned Chief Judicial Magistrate, District Faizabad (contained as Annexure No. 2 to this petition), in the interest of justice."
4. Indisputably, the dispute between the parties is matrimonial in nature as on
11.11.2020 the FIR, registered as Case Crime No. 754/2020, under section 323, 504,506,498A of I.P.C. & 3/4 of D.P. Act registered at Police Station Kotwali Nagar, District Faizabad (Ayodhya), was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court. The relevant portion of settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto: A) That the parties have decided to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment to each other and each other's family members. C) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. D) That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. E) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. F) That the parties have agreed that the Second Party/husband will maintain his son Master Darsh Jaiswal aged about 5 years as well as his wife/First Party and provide all facilities for upbringing of the child. G) That the parties have agreed that they shall not have any objection if the TRANSFER APPLICATION (CIVIL) No.47 of 2024 (Komal Shahi Vs. Ankur Jaiswal) is decided in terms of this Settlement Agreement. That the parties have agreed to withdraw the cases filed against each other and their family members. The details of the cases are mentioned hereunder: (i) Case No.476/2024 (Old Case No.90 of 2021) U/S 12 of D. V. Act pending in the concerned Court at Faizabad. (ii) Case Crime No.0754 of 2020 U/Ss 498A, 323, 504, 506 IPC and Section 3/4 D. P. Act, Faizabad. (iii) O. S. No. 1310 of 2023 U/S 9 of Hindu Marriage Act pending before Principal Judge, Family Court, Lucknow. I) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. J) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. K) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court."
5. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.
6. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu,