Susheel Kumar and Another v. State of U.P.And Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 7655 of 2017 Applicant :- Susheel Kumar And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Kashi Naresh Mishra,Bhupendra Pal Singh,Omvir Singh Rajpoot Counsel for Opposite Party :- G.A.,Ashish Nigam Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 01.01.2012 as well as entire proceedings of Case No. 43 of 2012, arising out of Case Crime No. 203/2011, under Sections-363, 366, 376, 506 I.P.C. and Section 3(2)V SC/ST Act, Police Station-Madrak, District-Aligarh pending in the court of Additional Sessions Judge, Court No. 2, Aligarh.

¶3Learned counsel for the applicants submitted that present application has been filed with joint affidavit of applicant nos. 1 and 2 (Susheel Kumar & Smt. Lata), who are husband and wife and applicant no. 2 is also victim. He next submitted that now applicant nos. 1 and 2 had solemnized marriage and out of their wedlock, they have blessed with three children. They are living happily, therefore, present proceeding may be quashed.

¶4Applicant nos. 1 and 2 are also present before this Court and duly identified by Sri Kashi Naresh Mishra, advocate and their attendance are also recorded on the order sheet. Applicant no. 2 has also stated that she is living happily with applicant no. 1, therefore, criminal proceeding may be quashed against him.

¶5Learned AGA has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶6In view of above, 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. No order as to costs. Order Date :- 3.11.2023 Arvind High Court of Judicature at Allahabad