Asheesh Mathew Samuel v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 16152 of 2020 Applicant :- Asheesh Mathew Samuel and another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akanksha Mishra,Kshitij Shailendra,Pranshu Gupta Counsel for Opposite Party :- G.A.,Sumit Daga,Suresh Kumar Maurya Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State, Shri Suresh Kumar Maurya, learned counsel for opposite party no.2 and perused the records.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash entire proceedings of Case No. 70 of 2014 (State Vs. Asheesh and others), arising out of Case Crime No.18 of 2012, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila, District Kanpur Nagar.

¶3Learned counsel for the applicants has submitted that opposite party no.2 is the wife of the applicant no.1 and 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.

¶4Learned counsel for the applicants has next drawn the attention of this Court to compromise deeds dated

25.02.2020 and 18.01.2021, drawn between the parties, a copy of which has been annexed as Annexure-4 to this application and Annexure SA-2 to the supplementary affidavit respectively.

¶5This Court vide its order dated 04.01.2021 had directed the parties to appear before the court below and file a fresh compromise deed, which shall be verified by the court below and after verification of the compromise, a report be submitted to this Court.

¶6Pursuant to the said order dated 04.01.2021, the parties appeared before the court below and filed fresh compromise deed dated 18.01.2021 and in the presence of the parties, after due verification of the contents of the compromise deed dated 18.01.2021 made between the parties, an order dated

18.01.2021 has been passed by the court below verifying the said compromise, a copy of which has been annexed as Annexure-SA1 to the supplementary affidavit.

¶7Learned counsel for the applicants has next submitted that in view of the said compromise as well as report of the court below 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 acknowledged the said compromise. He has further submitted, on instructions, 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. 70 of 2014 (State Vs. Asheesh and others), arising out of Case Crime No.18 of 2012, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila, District Kanpur Nagar, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 8.12.2023 Subham High Court of Judicature at Allahabad