Amit Singh Chauhan and 5 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 29789 of 2022 Applicant :- Amit Singh Chauhan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Anil Kumar Bind Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA and Sri Jafaryab Khan, Advocate holding brief of Sri Anil Kumar Bind, learned counsel for the opposite party no.2.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 8.4.2022, cognizance order dated 22.07.2022 as well as entire proceeding of Criminal Case No. 322 of 2022 (State Vs. Amit and others), arising out of case crime no. 0328 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Rajepur, District Farrukhabad pending before Judicial Magistrate, Havali, Farrukhabad.

¶3Learned counsel for the applicants submitted that earlier vide order dated 13.10.2022, matter was referred to Mediation Centre, but as per report of Mediation Centre dated 10.05.2023, "Mediation Completed. No agreement". He next submitted that in the meantime, compromise has taken place between the parties and they have decided to live together as husband and wife. They have also filed compromise deed dated 10.07.2023 before Trial Court, which was verified on 17.07.2023, therefore, in light of compromise deed, present proceeding may be quashed.

¶4Sri Jafaryab Khan, Advocate holding brief of Sri Anil Kumar Bind, learned counsel for the opposite party no.2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶5Learned AGA has also not disputed the aforesaid fact.

¶6In view of above, the applicants and opposite party 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 Arvind High Court of Judicature at Allahabad