Aslam and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 30768 of 2023 Applicant :- Aslam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelabh Srivastava Counsel for Opposite Party :- G.A.,Abhishek Srivastava Hon'ble Rajiv Gupta,J.

¶1Supplementary counter affidavit filed on behalf of opposite party no.2 today in Court is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Abhishek Srivastava, learned counsel for opposite party no.2 and perused the records.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash charge-sheet no.135 of 2022 dated 28.04.2022, supplementary charge-sheet no.135A of 2022 dated 13.06.2022 and summoning order dated 01.07.2023 as well as entire proceedings of Criminal Case No. 616 of 2023 (State of U.P. Vs. Aslam & Another), arising out of Case Crime No. 503 of 2021, under Sections 498-A and 323 IPC and 3/4 D.P. Act, Police Station Nigohi, District Shahjahanpur, pending in the court of A.C.J.M.-IInd, Shahjahanpur.

¶4Learned counsel for the applicants has submitted that opposite party no.2 is the wife of 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.

¶5Learned counsel for the applicants has next drawn the attention of this Court to a settlement agreement dated

21.10.2023, drawn between the parties, a copy of which has been annexed as Annexure SA-1 to the supplementary affidavit.

¶6Learned counsel for the applicants has next submitted that in terms of the said settlement agreement, applicant no.1 and opposite party no.2 have restored their relationship and now they are living together as husband and wife and leading a happy married life.

¶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 supplementary counter affidavit and in paragraph 2 of the said affidavit, the said compromise has been acknowledged. Further, in paragraph 3, it has been stated that opposite party no.2 is residing along with her husband in her matrimonial home and is leading a happy married life and she 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 Criminal Case No. 616 of 2023 (State of U.P. Vs. Aslam & Another), arising out of Case Crime No. 503 of 2021, under Sections 498-A and 323 IPC and 3/4 D.P. Act, Police Station Nigohi, District Shahjahanpur, pending in the court of A.C.J.M.-IInd, Shahjahanpur, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 11.12.2023 Subham High Court of Judicature at Allahabad