Abrar and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 31126 of 2023 Applicant :- Abrar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Pratap Singh,Mumtaz Ali,Shad Khan Counsel for Opposite Party :- G.A.,Abhishek Kumar Shukla Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State, Shri Abhishek Kumar Shukla, learned counsel for the opposite party no. 2 and perused the record.

¶2Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and on account of matrimonial discord, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and they have decided to live separately and now, they do not have any grievance against each other.

¶3Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated

26.08.2022 drawn between the parties, a copy of which has been annexed as Annexure 3 to this application.

¶4Learned counsel for the applicants has next submitted that as per the said settlement agreement, the applicant no.1 has paid a sum of Rs.5,00,000/- to opposite party no.2 in lieu of all her claims and dues through demand draft no. 050057, Bank of Baroda, Mulawathi, Bulandshaher along with a sum of Rs.18850/- as a Mehar amount by cash.

¶5Learned counsel for the applicants has next submitted that in view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations between them, the entire proceedings be quashed.

¶6Learned counsel for the opposite party no.2 has also appeared and has filed affidavit on behalf of opposite party no.2 and in para 3 of the said affidavit, settlement agreement has been acknowledged. Further in para 4, it has been stated that opposite party no.2 does not want to further pursue the criminal proceedings against the applicants and she has no objection, if the entire proceedings are quashed. 7 Learned AGA could not dispute the aforesaid facts.

¶8This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of:-

(i). B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675.

(ii). Nikhil Merchant Vs. Central Bureau of Investigation,

(2008) 9 SCC 677.

(iii). Manoj Sharma Vs. State and others, (2008) 16 SCC

1.

(iv). Gian Singh Vs. State of Punjab, (2012) 10 SCC 303.

(v). Narindra Singh and others Vs. State of Punjab,

(2014) 6 SCC 466.

¶9Wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶10Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the present case.

¶11Accordingly, the entire proceedings of Case No. 13330 of 2022, arising out of Case Crime No. 172 of 2022, under Sections 498-A, 323, 354-Ka, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Gulaothi, District Bulandshaher, pending in the court of Chief Judicial Magistrate, Bulandshaher, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 12.10.2023 Nadim High Court of Judicature at Allahabad