Jan Mohammad and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 35643 of 2023 Applicant :- Jan Mohammad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ratnesh Srivastava,Om Narayan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Gajendra Singh, Advocate has put in appearance and file Vakalatnama along with affidavit on behalf of opposite party No. 2, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and Sri Gajendra Singh, learned counsel for opposite party No. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 29.10.2019, summoning order dated 06.03.2020 as well as entire proceeding of Case No. 2439 of 2020 (State vs. Jan Mohammad), arising out of Case Crime No. 0214 of 2019, under Sections 498-A, 323, 313, 504, 506 IPC and section 3/4 D.P. Act, P.S. -Kithaur, District -Meerut, pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Meerut.

¶4Learned counsel for applicants submitted that present criminal proceeding is arising out of matrimonial dispute and parties have entered into compromise. It is next submitted that now opposite party No. 2 and applicant No. 1 have decided to live together. An affidavit to this effect has also been filed by opposite party No. 2. Therefore, in light of compromise, present proceeding may be quashed.

¶5Sri Gajendra Singh, learned counsel for opposite party No. 2. has not disputed the aforesaid facts and submitted that in case present proceeding is quashed, he would have no objection.

¶6In 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.

¶7Thus 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.

¶8The present application is, accordingly allowed.

¶9No order as to costs. Order Date :- 31.10.2023 Sartaj High Court of Judicature at Allahabad