Keshar and 3 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39337 of 2023 Applicant :- Keshar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 18.03.2023 as well as entire criminal proceedings of Criminal Case No.1861 of 2023 (State Vs. Keshar and Others) arising out of Case Crime No.35 of 2023 under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Mandawali, District Bijnor, pending before the court of Civil Judge (junior division)/Judicial Magistrate, Najibabad, Bijnor.

¶3Counsel for the applicant submits that applicant no. 1 is husband of sister of opposite party no. 2. The parties have amicably settled their dispute and entered into a compromise. Thereafter, the parties approached before this Court by filing Application 482 No.29618 of 2023 and the Court vide order

11.08.2023 directed the parties to appear before the court below and file the compromise, thereafter the concerned court shall verify the compromise deed and transmit the same to this Court.

¶4Pursuant to the said order dated 11.08.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, order has been passed by the court verifying the said compromise. A copy of the same is annexed as Annexure-4 to the application.

¶5Learned counsel for the applicants has submitted that the applicant no. 1 and sister of opposite party no. 2 are living separately and they have resolved the dispute between them and on the basis of compromise they do not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

¶6Learned A.G.A. has no objection, if the proceedings in the aforesaid case are quashed.

¶7In 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.

¶8Thus 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 Criminal Case No.1861 of 2023 (State Vs. Keshar and Others) arising out of Case Crime No.35 of 2023 under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Mandawali, District Bijnor is hereby quashed.

¶9This application under Section 482 CrPC is accordingly allowed. Order Date :- 27.10.2023 Meenu Singh High Court of Judicature at Allahabad