Kuldeep Singh v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40156 of 2022 Applicant :- Kuldeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A.,Ganesh Shankar Patel Hon'ble Rajiv Gupta,J.

¶1Short counter affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Sri Ganesh Shankar Patel, learned counsel for the opposite party No. 2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 19.10.2022 passed by Principal Judge, Family Court, Budaun in Criminal Case No. 648 of 2017 (CNR No. UPBN02-000971-2017), Smt. Priyanka Vs. Kuldeep Singh, under Section 125 Cr.P.C., P.S. Ughaiti, District-Budaun.

¶4Learned counsel for the applicants has submitted that opposite party No. 2 is the wife of applicant and on her application under Section 125 Cr.P.C., the present criminal case was instituted against the applicant, however subsequently both husband and wife have amicably settled all their disputes and differences and restored their relationship and living together as husband and wife.

¶5Learned counsel for the applicants has next submitted that in view of the said compromise, the entire proceedings be quashed.

¶6Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of opposite party No. 2 and in paragraph-4 of the said affidavit, it has been categorically stated that parties have settled all their disputes and presently she is living with her husband and she does not want to further contest the case. Further, in paragraph-6 of the said affidavit, it has been stated that in view of the settlement made between the parties, the opposite party No. 2 has no objection if the entire proceedings are quashed.

¶7Learned AGA could not dispute the aforesaid facts.

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

¶1B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

¶2Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶3Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶4Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶5Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

¶6State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688. Wherein the 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 the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶9In the peculiar facts and circumstances of the case and the fact that all dispute between the parties have already been settled and applicant No. 1 and opposite party No. 2 have restored their relations and are living together as husband and wife for the last one and a half years alongwith two minor children and other family members, I am of the view that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶10Accordingly, the entire proceedings of Criminal Case No. 648 of 2017 (CNR No. UPBN02-000971-2017), Smt. Priyanka Vs. Kuldeep Singh, under Section 125 Cr.P.C., P.S. Ughaiti, District-Budaun, are hereby quashed.

¶11This application under Section 482 CrPC is accordingly allowed. Order Date :- 31.10.2023 KU High Court of Judicature at Allahabad