Kushalpal and 5 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 15548 of 2023 Applicant :- Kushalpal And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Vidya Sagar Dwivedi Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Vidya Sagar Dwivedi, learned counsel for the opposite party No. 2 & 3.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 25.11.2021, cognizance order dated 17.03.2022 as well as entire proceedings of Case No. 699 of 2022, arising out of Case Crime No. 0045 of 2021, under Sections-498A, 147, 148, 308, 323, 324 I.P.C. and 3/4 D.P. Act, Police Station-Agauta, District-Bulandshahar, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Room No. 3, Bulandshahar.

¶3Learned counsel for the applicants submitted that a compromise has taken place between the applicant No. 1 and opposite party No. 2 and on the basis of compromise entered between the parties, criminal proceeding of Misc. Case No. 699 of 2022 under Section 31 of Protection of Women from Domestic Violence Act, 2005 has been closed by the Civil Judge(Senior Division)/Judicial Magistrate, Court No. 3, Bulandshahar vide order dated

17.03.2023. He next submitted that in light of order dated

17.03.2022, present criminal proceeding against the applicant may be quashed.

¶4Sri Vidya Sagar Dwivedi, learned counsel for the opposite party No. 2 has supported the case of the applicants and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶5In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

¶6Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.

¶7The present application is, accordingly allowed.

¶8No order as to costs. Order Date :- 12.10.2023 ADY High Court of Judicature at Allahabad