Anil and 4 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40938 of 2023 Applicant :- Anil And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Shri Shashi Kumar Tiwari, Advocate has filed short counter 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 Shashi Kumar Tiwari, learned counsel for opposite party no.2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash cognizance/summoning order dated

22.06.2023, charge-sheet no. 448 of 2022 dated 26.09.2022 and charge-sheet no.448A of 2022 dated 17.01.2023 as well as entire proceedings of Case No. 12876 of 2023 (State Vs. Anil and others), arising out of Case Crime No. 749 of 2022, under Sections 498A, 354, 323, 307 and 324 IPC and Section 3/4 of the D.P. Act, Police Station Baraut, District Baghpat, pending in the court of Chief Judicial Magistrate, Baghpat.

¶4Learned counsel for the applicants has submitted that applicant no.5 is the husband of opposite party no.2 and other applicants are family members of applicant no.5 and on account of matrimonial discord, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of the family and society, the parties have amicably and genuinely settled their all disputes and differences in order to maintain harmonious and cordial relations between them and now, they do not have any grievance against each other.

¶5Learned counsel for the applicants has next drawn the attention of this Court to the compromise deed dated

05.07.2023 drawn between the parties, a copy of which has been annexed as Annexure-4 to this application.

¶6Learned counsel for the applicants has next submitted that in view of the said compromise made between the parties, applicant no.5 and opposite party no.2 have restored their relationship and have been living together as husband and wife and leading a happy married life along with their minor child.

¶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 husband and wife, 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 6 of the said affidavit, the factum of said compromise has been acknowledged and it has been stated that earlier there was some dispute between the husband and wife, however, now they have restored their relationship and now living together as husband and wife and leading a happy married life. It has been further stated in paragraph 8 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 Case No. 12876 of 2023 (State Vs. Anil and others), arising out of Case Crime No. 749 of 2022, under Sections 498A, 354, 323, 307 and 324 IPC and Section 3/4 of the D.P. Act, Police Station Baraut, District Baghpat, pending in the court of Chief Judicial Magistrate, Baghpat, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 7.12.2023 Subham High Court of Judicature at Allahabad