Indrajeet and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 45286 of 2023 Applicant :- Indrajeet And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Short counter affidavit along with Vakalatnama filed by Shri Sharad Chandra, Advocate on behalf of the opposite party No.2 is taken on record.

¶2Heard Shri Om Prakash Tripathi, learned counsel for the applicants, learned A.G.A. for the State and Shri Sharad Chandra, learned counsel for the opposite party No.2.

¶3The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No.1761 of 2018 (Smt. Mamta vs. Indrajeet and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali Orai, District Jalaun including the summoning order dated 21.06.2018 in terms of compromise done between the parties.

¶4Learned counsel for the applicant submits now parties have entered into compromise on 21.11.2023. He next submits that applicant No.1 and opposite party No.2 decided to live together as husband and wife and she does not want to prosecute the applicants. This fact may also be verified from the short counter affidavit filed today. He next submits that in light of compromise between the parties, the criminal proceeding against the applicants may be quashed.

¶5Learned counsel for the opposite party No. 2 has filed short counter affidavit, in which is has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6Learned A.G.A. could not dispute the aforesaid facts.

¶7In view of the facts and circumstances of the case, 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.

¶8Thus 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.

¶9The present application is, accordingly allowed. Order Date :- 13.12.2023 Amit High Court of Judicature at Allahabad