Aslam vs State Of U.P. And Another
2021 Latest Caselaw 9425 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 11858 of 2021
 

 
Applicant :- Aslam
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ankit Kapoor
 
Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Praveen Kumar Singh
 

 
Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 03.07.20007 as well as the entire proceedings of Case Crime No. 317 of 2007, (State Vs. Aslam & others), under Sections- 498 I.P.C., Police Station- Sigra, District- Varanasi, pending in the court of Additional Chief Judicial Magistrate-III, Varanasi.

Learned counsel for the applicant submits that the present dispute arises out of matrimonial discord between the applicant and the opposite party no. 2. The present criminal case has been lodged against the applicant and opposite party no.2 but that no real criminal offence had actually occurred.

It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences and they are living together as husband and wife.

He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicant.

Sri Praveen Kumar Singh, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicant. In fact, in the short counter affidavit filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicant.

Paragraph nos. 7 and 8 of the said short counter affidavit reads as under :

"That it is pertinent to mention here that both the parties has decided to settle their dispute and the compromise deed was prepared dated 02.03.2021 and both the parties have decided not to live together and it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties. Copy of the compromise dated 02.03.2021 is being filed herewith and marked as Annexure No.S.C.A. 1 to this affidavit.

That since both the parties have amicably settled their dispute continuing the proceedings of the above case would be a waste of judicial resources."

In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 02.03.2021, therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 3.8.2021

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