Amjad @ Amjad Khan and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39396 of 2023 Applicant :- Amjad @ Amjad Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Prasad Tiwari,Ghanshyam Tripathi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Mr. Ramesh Chandra Tiwari, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and Sri Ramesh Chandra Tiwari, learned counsel for opposite party no. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 8.3.2021, cognizance order dated 30.7.2021 as well as entire proceeding of Case No. 16424 of 2021, arising out Case Crime No.21 of 2020, under Sections-498-A, 323, 504 IPC & 3/4 of D.P. Act, Police Station-Madhuban Bapudham, District-Ghaziabad.

¶4Today, Smt. Gulista Malik-opposite party no.2 and applicant no.1-Amjad @Amjad Khan are present before this Court and duly identified by their counsels.

¶5Learned counsel for the applicants submitted that present matter is arising out of matrimonial dispute and now parties have entered into compromise and applicant no.1 and opposite party no.2 are decided to live separately.. He next submitted that in light of compromise, present proceeding may be quashed.

¶6Sri Ramesh Chandra Tiwari, learned counsel for opposite party no. 2 has not disputed the aforesaid facts. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he would have no objection.

¶7In 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.

¶8Thus 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.

¶9The present application is, accordingly allowed. No order as to costs. Order Date :- 9.11.2023 Junaid High Court of Judicature at Allahabad