Sameer and 2 Others v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 44006 of 2023 Applicant :- Sameer And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet No. 271, dated 5.10.2022 as well as entire proceedings of Case No. 5346/9 of 2023 (State Vs. Sameer and others) arising out of Case Crime No. 326 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S.- Shahpur, District-Muzaffar Nagar, pending in the court of Addl. Chief Judicial Magistrate 2nd, Muzaffar Nagar.

¶3Learned counsel for the applicants has submitted that opposite party No.3 is the wife of applicant No. 1 and applicant Nos. 2 and 3 are parents in-law of opposite party No. 3.

¶4Learned counsel for the applicants has next submitted that on account of matrimonial discord, the instant criminal case was instituted against the applicants, however with the intervention of the respected members of both the family and society, the parties 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 the Court to a settlement-agreement dated 26.7.2023 drawn between the parties, a copy of which has been annexed as Annexue No. 4 to this application.

¶6Leaned counsel for the applicants has further submitted that pursuant to the said compromise, the applicants filed an Application u/s 482 No. 23969 of 2023 before this Court, in which this Court had directed the parties to appear before the court below and get the said compromise verified vide order 7.7.2023. Pursuant to the said order, parties appeared before the court below and in presence of both the parties, the said compromise has been verified and verification report/order dated 28.7.2023 has been passed, a copy of which has been annexed as Annexure No. 4 to this application.

¶7Learned counsel for the applicants has further submitted that pursuant to the said compromise, the parties have restored their relationship and are now living as husband and wife and leading a happy married life.

¶8Learned counsel for the applicants has next submitted that in view of the said compromise, which has already been verified and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgements of the Apex Court in the cases of :-

¶1B.S. Joshi and others Vs. State of Haryana and another

(2003) 4 SCC 675.

¶2Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶3Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶4Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶5Narindra 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 the law expounded by the 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 the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶12Accordingly, the entire proceedings of Case No. 5346/9 of 2023 (State Vs. Sameer and others) arising out of Case Crime No. 326 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S.- Shahpur, District-Muzaffar Nagar, pending in the court of Addl. Chief Judicial Magistrate 2nd, Muzaffar Nagar, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 14.12.2023 KU High Court of Judicature at Allahabad