Smt. Tarana and 3 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 33795 of 2023 Applicant :- Smt. Tarana And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M.Ayaz Ali Counsel for Opposite Party :- G.A.,Bilal Hasan Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Bilal Hasan, learned counsel for the opposite party No.2.

¶2The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 20.09.2016, cognizance order dated 23.11.2016 as well as entire proceeding of Case No.11306 of 2016 (State vs. Smt. Tarana and others), arising out of Case Crime No.433 of 2016, under Sections-406 I.P.C., Police Station-Kotwali, District-Mathura.

¶3Learned counsel for the applicant submitted that present case is arising out of matrimonial dispute. He next submitted that parties have entered into compromise. He next submitted that applicant earlier approached this Court by filing Application U/s 482 Cr.P.C. No.16774 of 2017, which was disposed of vide order dated

14.12.2022 with direction for verification of the compromise deed. He next submitted that pursuant to order of this Court dated

14.12.2022, compromise has been verified by the trial Court vide order dated 07.01.2023. He next submitted that in light of compromise entered between the parties, criminal proceeding against the applicants may be quashed.

¶4Learned 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.

¶5Learned A.G.A. has also not disputed the aforesaid facts.

¶6In view of the facts and circumstances of the case, the applicant and opposite party Nos. 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. Order Date :- 30.11.2023 Amit/- High Court of Judicature at Allahabad