Gaurav Kumar Srivastava @ Gaurav Srivastava and 4 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 33118 of 2023 Applicant :- Gaurav Kumar Srivastava @ Gaurav Srivastava And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the applicants has filed supplementary affidavit today in Court, which is taken on record.

¶2Learned counsel for the opposite party no.2 has also filed an affidavit on behalf of opposite party no.2 today in Court, which is taken on record.

¶3Heard learned counsel for the applicants, learned AGA for the State, Shri Prashant Pandey, learned counsel for the opposite party no. 2 and perused the record.

¶4Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 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.

¶5Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated

04.11.2023 drawn between the parties, a copy of which has been annexed as Annexure SA-1 to the supplementary affidavit.

¶6Learned counsel for the applicants has next submitted that pursuant to the said settlement agreement, the parties have agreed to live together as husband and wife.

¶7Learned counsel for the applicants has next submitted that in view of the said settlement agreement as well as the fact that parties have restored their relationship and are living together as husband and wife, the entire proceedings be quashed.

¶8Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of opposite party no.2 and in para 11 of the said affidavit, the said settlement agreement has been acknowledged. It has further been stated that parties have restored their relationship and are now living together as husband and wife. Further in para 14, it has been stated that opposite party no.2 does not want to further pursue the criminal proceedings against the applicants and she has no objection, if the entire proceedings are quashed.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This 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.

¶11Wherein 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.

¶12Considering 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.

¶13Accordingly, the entire proceedings of Special Sessions Trial No. 553 of 2023, arising out of Case Crime No. 81 of 2023, under Sections 323, 504, 498-A IPC, Section 3/4 of Dowry Prohibition Act and Section 3(2)(Va) of SC/ST Act, Police Station Ram Nagar, District Varanasi, pending in the court of Special Judge (SC/ST Act), Varanasi, are hereby quashed.

¶14This application under Section 482 CrPC is accordingly allowed. Order Date :- 16.11.2023 Nadim High Court of Judicature at Allahabad High Court of Judicature at Allahabad