Mohd. Nasir and 4 Others v. State of U.P.And Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 34821 of 2023 Applicant :- Mohd. Nasir And 4 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Sandeep Kumar, 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 Sandeep Kumar, 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 6.8.2022, cognizance order dated 12.10.2022 alongwith entire criminal proceeding of Case No. 31820 of 2022, arising out Case Crime No. 161 of 2022, under Sections-498-A, 323, 307 IPC and Section 3/4 of D.P. ACT, Police Station-Civil Lines, District-Aligarh.

¶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 husband-applicant no.2 and wife-opposite party no.2 are decided to live separately. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶5Sri Sandeep Kumar, learned counsel for opposite party no. 2 has not disputed the aforesaid case. 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 :- 30.11.2023 Junaid High Court of Judicature at Allahabad