Kamal Verma and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 41336 of 2023 Applicant :- Kamal Verma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Sengar,Pankaj Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Shri Lakshman Singh, Advocate has filed his vakalatnama along with compromise affidavit on behalf of opposite party no.2 today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Lakshman Singh, learned counsel for the opposite party no.2 and perused the record.

¶3Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1, whereas applicant nos.2 and 3 are her parents-in-law and on account of matrimonial discord, the instant complaint case was instituted against the applicants, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and have decided to live separately and now, they do not have any grievance against each other.

¶4Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated

16.09.2022 drawn between the parties, a copy of which has been annexed as Annexure 3 to this application.

¶5Learned counsel for the applicants has next submitted that as per the said settlement agreement, applicant no.1 has agreed to pay a sum of Rs.15,00,000/- to opposite party no.2 in lieu of all her claims and dues. Out of which, a sum of Rs.10,00,000/- has already been paid to her and balance amount of Rs.5,00,000/- shall be paid to her at the time of final disposal of the petition filed under Section 13-B of the Hindu Marriage Act.

¶6Learned counsel for the applicants has next submitted that in view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations relations between them, the entire proceedings be quashed.

¶7Learned counsel for the opposite party no.2 has also appeared and has filed compromise affidavit on her behalf and in para 4 of the said affidavit, settlement agreement drawn between the parties has been acknowledged. Further in para 12, it has been stated that in view of the settlement agreement, the present application be decided.

¶8Learned counsel for the opposite party no.2 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 Hon'ble 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.

¶11Wherein Hon'ble 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.

¶12Considering 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 present case.

¶13Accordingly, the entire proceedings of Complaint Case No. 519 of 2019 (Neha Verma Vs. Kamal Verma and Others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Najibabad, District Bijnor, pending in the court of Civil Judge (Jr. Div.)/ Judicial Magistrate, Najibabad, Bijnor are hereby quashed.

¶14This application under Section 482 CrPC is accordingly allowed. Order Date :- 13.12.2023 Nadim High Court of Judicature at Allahabad