Harvendra Singh and 3 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 33857 of 2023 Applicant :- Harvendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A.,Paritosh Sukla Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and Sri Paritosh Shukla, learned counsel for opposite party No. 2.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 09.08.2017, cognizance order dated 22.09.2017 in Criminal Case No. 160 of 2019( State vs. Harvendra and others), arising out of Case Crime No. 26 of 2017, under Sections 498-A, 323, 506 IPC and section 3/4 D.P. Act, P.S. -Mahila Thana, District -Bijnor.

¶3Learned counsel for applicants submitted that present criminal proceeding is arising out of matrimonial dispute. He next submitted that now applicant No. 1 and opposite party No. 2 have entered into compromise and decided to live together as husband & wife. Therefore, in light of compromise, present proceeding may be quashed.

¶4Sri Paritosh Shukla, learned counsel for opposite party No. 2 has not disputed the aforesaid facts and submitted that in case present proceeding is quashed, he would have no objection.

¶5In view of the facts and circumstances of the case, the applicants and opposite party 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.

¶8No order as to costs. Order Date :- 8.11.2023 Sartaj High Court of Judicature at Allahabad