Vishvnath and 3 Others v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 36501 of 2023 Applicant :- Vishvnath And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- S Sengar Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 17 of 2021(State of UP Vs. Vishvnath And Others), arising out of Case Crime No. 200 of 2020, under Sections-498A, 323 I.P.C. and 3/4 of D.P. Act, 1961, Police Station-Madhogarh, District-Jalaun, pending in the court of learned Judicial Magistrate, Jalaun on the basis of compromise.

¶3The case was heard on 04.10.2023 and the Court has passed the following order:- "1. Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 0017 of 2021 (State of U.P. Vs. Vishvnath and Others), arising out of case crime No. 0200 of 2020, under Sections 498A, 323 I.P.C. & 3/4 of the Dowry Prohibition Act, 1961, Police Station-Madhogarh,, District-Jalaun on the basis of compromise.

¶3Learned counsel for the applicants submits that now parties have entered into compromise, therefore, this Court may please to quash the proceeding for which learned A.G.A. has no objection.

¶4Under such facts and circumstances, learned counsel for the applicants is directed to file compromise deed dated 07.09.2023 alongwith application before the trial Court for verification. In case any such application is filed alongwith compromise deed dated 07.09.2023 within two weeks from today, trial court shall fix a date for the verification of the compromise entered into between the parties within four weeks and after verification of compromise, trial Court shall send a report to this Court forthwith.

¶5List this case on 17.11.2023 before appropriate Bench.

¶6Till then, no coercive action shall be taken against the applicants in the above case.

¶7This case shall not be treated tied up or part heard to this Bench."

¶4Pursuant to order dated 04.10.2023, compromise has been verified by the trial Court vide order dated 12.10.2023 and the same has been received to this Court from Civil Judge(J.D.)/F.T.C. (Crime against Women), Jalaun at Urai on 01.11.2023.

¶5Learned counsel for the opposite party No. 2 has not objected the aforesaid facts 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 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.

¶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 :- 17.11.2023 ADY High Court of Judicature at Allahabad