Sachin Dewan and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 15055 of 2016 Applicant :- Sachin Dewan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Trivedi,Vipin Kumar Counsel for Opposite Party :- G.A.,Vikrant Rana Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and Sri Vikrant Rana, learned counsel for opposite party no.2.

¶2The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 28.6.2015 in case no. 2301 of 2015, case crime no. 511 of 2013, under Sections 420, 467, 468, 471, 504, 506, 120-B IPC, Police Station Partapur, District Meerut pending in the court of Special Chief Judicial Magistrate, Meerut.

¶3Learned counsel for the applicants submitted that present criminal proceedings is arising out family dispute and ultimately parties have entered into compromise on 4.10.2021. He next submitted that in the present matter, compromise affidavit has also been filed and in the said affidavit, it is mentioned that opposite party no.2 does not want to pursue any criminal proceedings against the applicant. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶4Sri Vikrant Rana, learned counsel for opposite party no.2 has not disputed the fact and also informed that another proceedings between the parties has also been quahsed by this Court vide order dated 8.5.2023 passed in Application U/S 482 No. 27479 of 2021. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he would have no objection.

¶5In view of above, the applicants and respondent 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. No order as to costs. Order Date :- 2.11.2023 Junaid High Court of Judicature at Allahabad