Amit Singh @ Virendra Singh v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36376 of 2023 Applicant :- Amit Singh @ Virendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A.,Rakesh Kumar Maurya,Ravi Pratap Singh Yadav 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 applicant, learned AGA for the State, Shri Kamal Singh holding brief of Sri Ravi Pratap Singh Yadav, 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 entire proceedings of Case No. 2572 of 2019 (State vs. Amit Singh @ Virendra Singh) arising out of Case Crime No. 596 of 2018, under Sections 406, 506 IPC, P.S. Barra, District-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.

¶4Learned counsel for the applicant has submitted that opposite party No. 2 is the wife of applicant and on account of matrimonial discord, the present criminal case was instituted against the applicant, however subsequently, with the intervention of the respected members of both the family and society, they have amicably and genuinely settled all their disputes and differences and they do not have any grievance against each other.

¶5Learned counsel for the applicant has next submitted that a settlement-agreement dated 18.6.2023 has been drawn between the parties, a copy of which has been annexed as Annexue No. 4 to this application.

¶6Learned counsel for the applicant has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicant.

¶7Learned 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-2 of the said affidavit, the said compromise has been acknowledged. It has been further stated that the opposite party No. 2 does not want to further pursue the said criminal proceeding and has no objection if the entire proceedings are quashed.

¶8Learned AGA could not dispute the aforesaid facts.

¶9This 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.

¶10Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶11Accordingly, the entire proceedings of Case No. 2572 of 2019 (State vs. Amit Singh @ Virendra Singh) arising out of Case Crime No. 596 of 2018, under Sections 406, 506 IPC, P.S. Barra, District-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 3.11.2023 KU High Court of Judicature at Allahabad