Salimuddin and 2 Others v. State of U.P.And Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 32789 of 2023 Applicant :- Salimuddin And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Harendra Prakash Dwivedi, Advocate holding brief of Sri Ritesh Kumar Singh, learned counsel for the applicants and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

¶2The instant application U/S 482 has been filed seeking quashing of charge sheet dated 29.07.2022, cognizance/summoning order dated 12.04.2023 as well as entire proceedings of Case No.121498 of 2023 (State Vs. Salimuddin and others), arising out of Case Crime No.224 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad, pending in the Court of Civil Judge (Jr. Div.)/F.T.C.-1 (Atrocities against women) District Ghaziabad, on the basis of compromise between the parties.

¶3Learned counsel for the applicants submits that since it is a matrimonial dispute between the parties, the parties have settled their dispute amicably outside the Court and compromise was filed before the trial court concerned and this Court vide order dated

14.09.2023 had directed for verification of the compromise between the parties and in terms of order dated 14.09.2023, the parties had appeared before the learned trial court concerned and on such appearance, the parties had also filed their respective affidavits and on such affidavit being filed by the parties, the trial court has verified the said compromise between the parties and order dated 18.10.2023 has been reported by the Civil Judge (J.D.), Ghaziabad, which is available on record.

¶4In view of the aforesaid facts and circumstances of the case, as a matrimonial dispute between the parties has already been settled and verified by the concerned trial court and both the parties have started living together as husband and wife condoning the acts of each other, the instant application is allowed and entire proceedings of Case No.121498 of 2023 (State Vs. Salimuddin and others), arising out of Case Crime No.224 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad, pending in the Court of Civil Judge (Jr. Div.)/F.T.C.-1 (Atrocities against women) District Ghaziabad, are hereby quashed. Order Date :- 14.12.2023 Atul High Court of Judicature at Allahabad