Naseem and 4 Others v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39481 of 2023 Applicant :- Naseem And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Irshad Ahmad, Advocate, put in appearance on behalf of opposite party Nos. 2 & 3 has filed vakalatnama, which is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Irshad Ahmad, learned counsel for the opposite party Nos. 2 & 3.

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 137 dated 27.06.2008, in Case No. 7049 of 2017, arising out of case crime No. 445 of 2008, under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Bhopa, District-Muzaffar Nagar, pending before J.D.(I), Muzaffar Nagar.

¶4Learned counsel for the applicants submitted that present case is arising out of matrimonial dispute. He next submitted that now parties have entered into compromise dated

30.09.2023, which has also been annexed as Annexure 5 to present application. He next submitted that out of compromise entered between the parties, they have decided to live separately. He next submitted that in light of compromise entered between the parties, criminal proceedings against the applicants may be quashed.

¶5Sri Irshad Ahmad, learned counsel for the opposite party Nos. 2 & 3 has supported the case of the applicants and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6In view of the facts and circumstances of the case, the applicants and opposite party Nos. 2 & 3 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.

¶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.

¶9No order as to costs. Order Date :- 9.11.2023 ADY High Court of Judicature at Allahabad