Avnish Kumar Pachouri and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42161 of 2023 Applicant :- Avnish Kumar Pachouri And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Dubey 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 summoning order dated 05.04.2022 as well as entire proceedings of Complaint Case No.7150 of 2017 (Arati Sharma Vs. Avnish Pachouri and others), under Section 406 I.P.C., Police Station-Sikandara, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Agra.

¶3Learned counsel for the applicant submits that the present criminal proceeding is arising out of matrimonial dispute. He further submits that apart from this, other criminal proceedings under Section 13-B of the Hindu Marriage Act was also pending between the parties, which has been decided by this Court in Application (u/s 482 Cr.P.C.) No.11303 of 2010, vide order dated

25.01.2023 on the basis of compromise and ultimately criminal proceeding against the applicant in case crime No.84 of 2009 has been quashed. He next submits that now parties have entered into compromise on 26.07.2009. Therefore, in light of compromise deed dated 26.07.2009 as well as order passed by this Court in Application (u/s 482 Cr.P.C.) No.11303 of 2010, the present criminal proceeding against the applicants may be quashed.

¶4Learned A.G.A. has no objection to the aforesaid facts.

¶5In 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.

¶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.

¶8In case, there is any concealment of facts by the applicants, opposite party No.2 is at liberty to move recall application. Order Date :- 17.11.2023 Amit/- High Court of Judicature at Allahabad