Narendra Kumar Gupta and 2 Others v. State of U.P. and Antoher

Court No. - 87 Case :- APPLICATION U/S 482 No. - 32537 of 2023 Applicant :- Narendra Kumar Gupta And 2 Others Opposite Party :- State Of U.P. And Antoher Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Zia Uddin Ahmad, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and Sri Zia Uddin Ahmad, learned counsel for opposite party no. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 15.11.2007, cognizance order dated 24.12.2007 and the entire proceeding of Case No. 5532 of 2007 (State vs. Narendra Kumar Gupta and others), arising out Case Crime No. 307 of 2007, under Sections-498-A IPC & 3/4 of D.P. Act, Police Station-Phoolpur, District-Allahabad.

¶4Learned counsel for the applicants submitted that present matter is arising out of matrimonial dispute and now parties have entered into compromise.. He next submitted that now applicant no.1-husband and opposite party no.2-wife are decided to live separately. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶5Sri Zia Uddin Ahmad, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.

¶6In view of above, the applicants and respondent 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. No order as to costs. Order Date :- 20.11.2023 Junaid High Court of Judicature at Allahabad