Umesh Chandra Mishra And 4 Others vs State Of U.P. And Another
2021 Latest Caselaw 2213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 2810 of 2021
 

 
Applicant :- Umesh Chandra Mishra And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mukesh Kumar Maurya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Mukesh Kumar Maurya, learned Counsel for applicants as well as learned AGA for the State and perused the material on record.

The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings of Criminal Case No.170 of 2016(State vs. Umesh Chandra Mishra and others) arising out of Case Crime No. 332 of 2015, under Sections 498-A, 323, 504 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Kurawali, District Mainpuri pending in the Court of Additional Chief Judicial Magistrate, First, Mainpuri in the light of compromise between applicants and opposite party no.2 dated 3.11.2020.

Learned counsel for applicants has submitted that applicant no.1 and opposite party No.2 have amicably settled their disputes and have entered into compromise outside the Court. It is further submitted that parties have jointly filed deed of compromise before the Civil Judge(Senior Division)/ACJM, Mainpuri in Case No. 232 of 2020(State vs. Umesh Chandra Mishra & others) arising out of Case Crime No. 332 of 2015, under Sections 498A,323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kurawali, District Mainpuri which was duly verified by the learned Magistrate on 3.11.2020. Copy of said compromise dated 3.11.2020 has been annexed as Annexure-5 to the affidavit. Divorce had also taken place between applicant no.1 and opposite party No.2 with mutual consent under section 13-B of Hindu Marriage Act vide order dated 5.11.2020 passed by Principal Judge, Family Court, Mainpuri.

Since it is matrimonial dispute and parties have settled their dispute and informant does not want to proceed further, no useful purpose would be served in proceeding with the matter further.

Thus in view of well settled principle 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 judgment of the Apex Court reported in J.T. 2008 SC 192(Nikhil Merchant vs. Central Bureau of Investigation and another) as well as judgment of Apex Court reported in (2012) 10 SCC 303(Gian Singh vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.

The application under section 482 Cr.P.C. is accordingly allowed.

Order Date :- 10.2.2021/P.P.