Tushar Dev and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 34175 of 2023 Applicant :- Tushar Dev And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shoab Qumar Khan Counsel for Opposite Party :- G.A.,Charan Singh Hon'ble Rajiv Gupta,J.

¶1A supplementary affidavit, filed on behalf of opposite party nos.2 and 3 today in Court, is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Charan Singh, learned counsel for the opposite party nos.2 and 3 and perused the record.

¶3Learned counsel for the applicants has submitted that applicant no.1 is the husband and applicant nos.2 and 3 are the parents-in-law of opposite party no.3 and on account of matrimonial discord, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other.

¶4Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated

06.08.2023 drawn between the parties, a copy of which has been annexed as Annexure 5 to this application.

¶5Learned counsel for the applicants has next submitted that in view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations relations between them, the entire proceedings be quashed.

¶6Learned counsel for the opposite party nos.2 and 3 has also appeared and has filed a supplementary affidavit on behalf of opposite party no.3 and in para 2 of the said affidavit, said settlement agreement has been acknowledged and it has been stated that said settlement agreement has been drawn voluntary without any coercion or undue influence. Further in para 3, it has been stated that in view of the said settlement agreement, opposite party no.3 does not want to further pursue the criminal proceedings against the applicants and she has no objection, if the entire proceedings are quashed.

¶7Learned AGA could not dispute the aforesaid facts.

¶8This Court is not unmindful of the judgements of the Hon'ble 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.

¶9Wherein Hon'ble 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.

¶10Considering 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 present case.

¶11Accordingly, the entire proceedings of Case No. 11640/09 of 2022 (State Vs. Tushar Dev and Others), arising out of Case Crime No. 207 of 2021, under Sections 498-A, 406, 420, 354, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Adarsh Mandi, District Shamli, pending in the court of Civil Judge (Sr. Div.)/ Additional Chief Judicial Magistrate, Shamli, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 9.11.2023 Nadim High Court of Judicature at Allahabad