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

Court No. - 87 Case :- APPLICATION U/S 482 No. - 6623 of 2016 Applicant :- Smt. Babita And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hare Krishna Tripathi,Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.,Archana Singh,Prem Shankar Kushwaha Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No.1397 of 2015 (Smt. Dropati Devi vs. Sarma and others), under Sections 323, 504, 506, 427 I.P.C., Police Station-Prem Nagar, District-Jhansi.

¶3Learned counsel for the applicant submits that now the parties have entered into compromise on 18.10.2021. He next submitted that said compromise has been verified by the trial Court vide order dated 15.09.2022. 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. could not dispute 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.

¶9In case, there is any concealment of facts by the applicants, opposite party No.2 is at liberty to move recall application. Order Date :- 1.12.2023 Amit/- High Court of Judicature at Allahabad