Balkishan Baghel and Another v. State of Uttar Pradesh and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 5532 of 2020 Applicant :- Balkishan Baghel And Another Opposite Party :- State Of Uttar Pradesh And Another Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State, Ms. Seemi Siddiqui, learned counsel for the opposite party no.2 and perused the record.

¶2Learned counsel for the applicants has submitted that applicants are the parents-in-law of opposite party no.2 and on account of matrimonial discord, the instant criminal case was instituted against the applicant, 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 now, they do not have any grievance against each other.

¶3Learned counsel for the applicants has next drawn the attention of the Court to the para 3 of the supplementary affidavit filed today in connected Application U/s 482 No. 33279 of 2023 (Rajesh Baghela Vs. State of U.P. and Another), in which, it has been stated that compromise has been made between the parties. Pursuant to the said compromise, husband Rajesh Baghela, son of the applicants has deposited a demand draft no.109376 dated 30.05.2023 in the name of opposite party no.2 for an amount of Rs.20,50,000/- before the court below, where divorce petition under Section 13-B of the Hindu Marriage Act is pending and the said demand draft shall be given to opposite party no.2 at the time of final decision of the divorce petition.

¶4Learned 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.

¶5Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of opposite party no.2 in connected Application U/s 482 No. 33279 of 2023 (Rajesh Baghela Vs. State of U.P. and Another) and in para 6 of the said affidavit, the factum of compromise made between the parties has been acknowledged. Further in para 9, it has been stated that opposite party no.2 does not want to further contest the instant proceedings. Further in para 13, it has been stated that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶6Learned AGA could not dispute the aforesaid facts.

¶7This 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.

¶8Wherein 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.

¶9Considering 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 instant case.

¶10Accordingly, the entire proceedings of Criminal Case No. 49754 of 2019 (State Vs. Rajesh Baghela and Others), arising out of Case Crime No. 1153 of 2018, under Sections 498-A, 323, 506, 406, 120-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sadar Bazar, District Agra, pending in the court of Chief Judicial Magistrate, Agra, are hereby quashed.

¶11This application under Section 482 CrPC is accordingly allowed. Order Date :- 19.10.2023 Nadim High Court of Judicature at Allahabad High Court of Judicature at Allahabad