Pradeep Kumar v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 3395 of 2023 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Surendra Bahadur Singh Hon'ble Neeraj Tiwari,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the charge-sheet no.197 of 2015, dated 30.06.2015, cognizance order dated 20.12.2016 as well as entire proceeding of Case No.2440 of 2016 (State vs. Pradeep), arising out of Case Crime No.191 of 2015, under Sections-376, 313 I.P.C. and Section 4 of D.P. Act, Police Station-Bhogaon, District-Mainpuri.

¶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.3395 of 2023, which was disposed of vide order dated

16.02.2023 with direction for verification of the compromise deed. He next submitted that pursuant to order of this Court dated

16.02.2023, compromise has been verified by the trial Court vide order dated 15.03.2023. He next submitted that in light of compromise entered between the parties, criminal proceeding against the applicants may be quashed.

¶4Learned A.G.A. could not dispute the aforesaid facts.

¶5In 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.

¶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. Order Date :- 30.11.2023 Amit/- High Court of Judicature at Allahabad