Rohit @ Mohit Sahu and 3 Others v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36297 of 2023 Applicant :- Rohit @ Mohit Sahu And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vikrant Gupta,Rajesh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1affidavit filed on behalf of the applicant today in Court, is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Charge Sheet No. 488 of 2022 dated 25.9.2022 and summoning order dated 1.5.2023 as well as entire proceedings of Criminal Case No. 363 of 2023 (State Vs. Mohit @ Rohit and others) arising out of Case Crime No. 516 of 2022, under Sections 498-A, 354, 323, 506 IPC and 3/4 of D.P. Act, P.S.-Soraon, District-Prayagraj, pending in the court of Addl. Chief Judicial Magistrate, Prayagraj.

¶4Learned counsel for the applicants has submitted that opposite party No. 3-Pratibha Sahu @ Monika daughter of opposite party No. 2 is the wife of applicant No. 1 and other applicants are his family members.

¶5Learned counsel for the applicants has next submitted that on account of matrimonial discord, instant criminal case has been instituted against the applicants, however with the intervention of the respected members of both the family and society, parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶6Learned counsel for the applicants has next submitted that a settlement-agreement dated 18.7.2023 has been drawn between the parties, a copy of which has been annexed as Annexue No. 6 to this application.

¶7This court vide order dated 27.10.2023 had directed the parties to appear before the court below and get the said compromise verified. Pursuant to the said order, both the parties appeared before the court below and in presence of the parties, the said compromise has been verified by the court below and a report dated 17.11.2023 has been forwarded to this Court.

¶8Learned counsel for the applicants has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgements of the Apex Court in the cases of :-

¶1B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

¶2Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶3Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶4Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶5Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Wherein the 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 the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶11Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶12Accordingly, the entire proceedings of Criminal Case No. 363 of 2023 (State Vs. Mohit @ Rohit and others) arising out of Case Crime No. 516 of 2022, under Sections 498-A, 354, 323, 506 IPC and 3/4 of D.P. Act, P.S.-Soraon, District-Prayagraj, pending in the court of Addl. Chief Judicial Magistrate, Prayagraj, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 28.11.2023 KU High Court of Judicature at Allahabad