Manoj Kumar Kushwaha and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 33849 of 2023 Applicant :- Manoj Kumar Kushwaha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Shri Manish Yadav, Advocate has filed his vakalatnma as well as short counter affidavit on behalf of opposite party no.2 today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Manish Yadav, learned counsel for opposite party no.2 and perused the records.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash impugned summoning order dated 13.02.2018 as well as entire proceedings of Complaint Case No. 1585 of 2017 (Smt. Vandana Sharma Vs. Manoj Kumar Kushwaha and others), under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of the D.P. Act, Police Station Mahila Thana Rakabganj, District Agra, pending in the court of Civil Judge (Jr. Div.)/FTC, Court No.1, Agra.

¶4Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and applicant no.2 is her mother-in-law.

¶5Learned counsel for the applicants has further submitted that on account of matrimonial discord, present criminal case has been instituted against the applicants by opposite party no.2, however subsequently, with the intervention of respected members of both the families, applicants and the opposite party no.2 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 drawn the attention of this Court to a compromise application supported by an affidavit dated 04.03.2023, drawn between the parties, a copy of which has been annexed as Annexure-4 to this application.

¶7Learned counsel for the applicants has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

¶8Learned counsel for opposite party no.2 has also appeared and has filed a short counter affidavit and paragraph 4 of the said affidavit, the said compromise has been acknowledged. It is further stated in paragraph 6 of the said affidavit that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶9Learned AGA could not dispute the aforesaid facts.

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

(i). B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

(ii). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

(iii). Manoj Sharma Vs. State and others ( 2008) 16 SCC

1.

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

(v). Narindra 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, law expounded by Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

¶12Accordingly, the entire proceedings of Complaint Case No. 1585 of 2017 (Smt. Vandana Sharma Vs. Manoj Kumar Kushwaha and others), under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of the D.P. Act, Police Station Mahila Thana Rakabganj, District Agra, pending in the court of Civil Judge (Jr. Div.)/FTC, Court No.1, Agra, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 5.12.2023 Subham High Court of Judicature at Allahabad