Anoop Singh and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 17804 of 2023 Applicant :- Anoop Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sharan Giri Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the applicants has filed supplementary affidavit today in Court, which is taken on record.

¶2Shri Upendra Kumar Tiwari, Advocate has filed his vakalatnama on behalf of opposite party no.2 today in Court, which is also taken on record.

¶3Heard learned counsel for the applicants, learned AGA for the State, Shri Upendra Kumar Tiwari, learned counsel for the opposite party no.2 and perused the record.

¶4Learned counsel for the applicants has submitted that applicant no.1 is the husband and applicant no.2 is mother-in-law of opposite party no.2 and on account of matrimonial discord, the instant criminal 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 now, they do not have any grievance against each other.

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

26.04.2022 drawn between the parties, a copy of which has been annexed as Annexure 4 to this application.

¶6Learned counsel for the applicants has next submitted that this Court vide order dated 19.05.2023 had directed the parties to appear before the court below and file a copy of compromise, which shall be verified by the court below.

¶7Pursuant to the said order dated 19.05.2023, the parties appeared before the court below and filed a compromise, which has been verified by the court below and a verification report/ order dated 27.06.2023 has been passed, a copy of which has been annexed with this application and shall form part of it.

¶8Learned 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 between them, the entire proceedings be quashed.

¶9Learned counsel for the opposite party no.2 has also appeared and has acknowledged the said settlement agreement drawn between the parties. He has further submitted, on instructions, that the dispute between the parties has amicably and genuinely been settled and the opposite party no.2 has no objection, if the entire proceedings are quashed.

¶10Learned AGA could not dispute the aforesaid facts.

¶11This 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.

¶12Wherein 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.

¶13Considering 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.

¶14Accordingly, the entire proceedings of Case Crime No. 355 of 2021 (State Vs. Anoop and Another), under Sections 498-A, 323 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Mathura, pending in the court of Judicial Magistrate/ F.T.C., Mathura, are hereby quashed.

¶15This application under Section 482 CrPC is accordingly allowed. Order Date :- 13.12.2023 Nadim High Court of Judicature at Allahabad