Satyam Shukla and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 9491 of 2023 Applicant :- Satyam Shukla And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeepta Kumar Shahi,Saurabh Shahi Counsel for Opposite Party :- G.A.,Bhartendu Pathak Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA and Sri Bhartendu Pathak, 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 14.3.2020 as well as entire proceeding of Case No. 16235 of 2020 (State vs. Satyam Shukla and others), arising out of Case Crime No. 15 of 2020, under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station-Govind Nagar, District-Kanpur Nagar, pending in the Court of Additional Civil Judge (Junior Division), Court No. 9, Kanpur Nagar.

¶3Learned counsel for the applicants submitted that present matter relates to matrimonial dispute and now parties have entered into compromise on 25.01.2023. He next submitted that on the basis of compromise, they have filed divorce petition under Section 13B of Hindu Marriage Act. Lastly, he submitted that in light of compromise deed dated 25.01.2023, present proceeding may be quashed.

¶4Sri Bhartendu Pathak, 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