Pramod Kumar Alias Ranu v. State of U.P.And Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 7867 of 2017 Applicant :- Pramod Kumar Alias Ranu Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Krishna Chandra Pandey,Keshawa Prasad Pandey Counsel for Opposite Party :- G.A.,K.P.Pandey,Pankaj Barnwal Hon'ble Neeraj Tiwari,J.

¶1Heard Sri Krishna Chandra Pandey, learned counsel for the applicant, learned A.G.A. for the State and Sri Pankaj Barnwal, learned counsel for the opposite party No. 2 .

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 278 of 2005 dated 09.05.2005 as well as entire proceeding of Session Trial No. 150 of 2005 (State Vs. Pramod Kumar) under Section 307 IPC, Police Station-Kotwali, Orai, District-Jalaun, pending before Additional Session Judge/F.T.C. Court No. 2, Jalaun on the basis of compromise.

¶3Learned counsel for the applicant submitted that present criminal proceeding is arising out of matrimonial dispute between applicant No. 1-husband and opposite party No. 2-wife. He next submitted that both the parties have entered into compromise

08.03.2017 and decided to live separately. He next submitted that this fact has also been mentioned in the joint compromise affidavit filed by applicant No. 1 and opposite party No. 2. Therefore, in light of compromise between the parties, criminal proceeding against the applicant may be quashed.

¶4Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicant is quashed, he would have no objection.

¶5In view of the facts and circumstances of the case, the applicant 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.

¶6Thus 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.

¶7The present application is, accordingly allowed.

¶8No order as to costs. Order Date :- 16.11.2023 ADY High Court of Judicature at Allahabad