Ashutosh Dewedi @ Dheeraj and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 14241 of 2021 Applicant :- Ashutosh Dewedi @ Dheeraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Gopal,Amit Kumar Yadav,Bheshaj Puri Counsel for Opposite Party :- G.A.,Ashish Dwivedi,Neha Rani,Rajesh Singh Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 548 of 2021, arising out of case crime no. 14/2021, under Sections-498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Faridpur, District-Bareilly, pending in the court of Judicial Magistrate, Faridpur, Bareilly.

¶3Learned counsel for the applicants submitted that opposite party no. 2 is the wife of applicant no. 1 and between them, other criminal proceedings are pending. Apart from this case, one more proceeding under Section 323 I.P.C. and 3/4 D.P. Act was initiated against the applicants. The said proceeding was challenged by the applicants by filing Application U/S 482 No. 21142 of 2023 and in that matter, compromise has taken place and after verification of compromise by the Trial Court, said proceeding was quashed vide order dated 10.10.2023. He next submitted that present dispute is also between the same parties, therefore, in light of order dated

10.10.2023 passed in Application U/S 482 No. 21142 of 2023, present proceeding may also be quashed.

¶4Learned AGA has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶5In view of above, 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. No order as to costs. Order Date :- 9.11.2023 Arvind High Court of Judicature at Allahabad