Deepak and Another v. State of U.P. and and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 38074 of 2023 Applicant :- Deepak And Another Opposite Party :- State Of U.P. And And 2 Others Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Ramendra Singh, Advocate has filed Vakalatnama alongwith compromise affidavit on behalf of opposite party no.2, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and Sri Prashant Sharma, Advocate holding brief of Sri Ramendra Singh, learned counsel for opposite party no. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 30.5.2021, cognizance order dated 11.10.2021 as well as entire criminal proceeding of Case No. 5614 of 2021 (State vs. Sanjiv and another), arising out Case Crime No. 4 of 2021, under Section-366 IPC, Police Station-Nadigaon, District-Jalaun at Orai.

¶4Learned counsel for the applicants submitted that parties have entered into compromise and they have decided to live separately. He further submitted that this fact has also been mentioned in the compromise affidavit filed by the opposite party no.2. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶5Sri Prashant Sharma, Advocate holding brief of Sri Ramendra Singh, learned counsel for opposite party no. 2 has not disputed the aforesaid case. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he would have no objection.

¶6In view of above, the applicants and respondent no. 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. No order as to costs. Order Date :- 7.12.2023 Junaid High Court of Judicature at Allahabad