Sahdev and 4 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 30268 of 2023 Applicant :- Sahdev And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.,Santosh Kumar Giri Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the applicants has filed a supplementary affidavit today in Court, which is taken on record. Short counter affidavit filed by learned counsel for opposite party no.2 today in Court is also taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Santosh Kumar Giri, learned counsel for opposite party no.2 and perused the records.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash summoning order dated 15.07.2021 as well as entire proceedings of Criminal Case No. 1348 of 2022 (State Vs. Sahdev and others), arising out of Case Crime No. 355 of 2020, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Bhojpur, District Ghaziabad, pending in the court of Additional Civil Judge (Jr. Div.)/J.M., Court No.3, District Ghzaiabad.

¶4Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and other applicants are family members of applicant no.1.

¶5Learned counsel for the applicants has further submitted that on account of matrimonial discord, present criminal case has been instituted against the applicants by opposite party no.2, however subsequently, with the intervention of respected members of both the families, applicants and the opposite party no.2 have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶6Learned counsel for the applicants has next drawn the attention of this Court to a compromise deed dated

04.07.2023, drawn between the parties, a copy of which has been annexed as Annexure-7 to his application.

¶7This Court vide its order dated 09.10.2023 had directed the parties to appear before the court below and file a copy of the said compromise deed, which shall be verified by the court below and after verification of the compromise, a report be submitted to this Court.

¶8Pursuant to the said order dated 09.10.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise deed dated 26.10.2023 drawn between the parties, an order dated

26.10.2023 has been passed by the court below verifying the said compromise.

¶9Learned counsel for the applicants has next submitted that in view of the said compromise as well as report of the court below and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

¶10Learned counsel for opposite party no.2 has also appeared and has filed a short counter affidavit and in paragraph 3, the said compromise has been acknowledged. It is further stated in paragraph 6 of the said affidavit that in view of the compromise made between the parties, the present application u/s 482 Cr.P.C. be allowed. It is further stated, on instructions, that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶11Learned AGA could not dispute the aforesaid facts.

¶12This Court is not unmindful of the judgements of the Apex Court in the cases of:-

(i). B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

(ii). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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

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

(v). Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. 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, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶13Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

¶14Accordingly, the entire proceedings of Criminal Case No. 1348 of 2022 (State Vs. Sahdev and others), arising out of Case Crime No. 355 of 2020, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Bhojpur, District Ghaziabad, pending in the court of Additional Civil Judge (Jr. Div.)/J.M., Court No.3, District Ghzaiabad, are hereby quashed.

¶15This application under Section 482 CrPC is accordingly allowed. Order Date :- 6.11.2023 Subham High Court of Judicature at Allahabad