Jitendra Singh vs State Of U.P. And Another
2021 Latest Caselaw 8661 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 21465 of 2019
 

 
Applicant :- Jitendra Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Kant Shukla
 
Counsel for Opposite Party :- G.A.,Ruhi Yadav
 

 
Hon'ble Gautam Chowdhary,J.

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

This application under Section 482, Cr.P.C. has been filed for quashing the further proceedings and charge sheet dated 26.12.2017 submitted in Case Crime No. 35 of 2016, under sections 498-A, 323, 506 IPC and section 3/4 D.P. Act, P.S. Mahila Thana, District Mathura pending in the court of Judicial Magistrate, Mathura.

The contention of the counsel for the applicant is that the dispute between the parties applicant No. 1 and O.P. No. 2 is purely private and they have compromised the matter, a copy of which has been filed as Annexure-SA-1 to the application. Learned counsel appearing for O.P. No. 2 has stated that due to misunderstanding the dispute arose but ultimately in this case O.P. No. 2 and applicant No. 1 have settled their dispute amicably and opposite party No. 2 does not want to proceed further.

Thus, in view of the well settled principles of law as laid down by the judgment of 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 Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the present application is allowed and the proceedings of Case Crime No. 35 of 2016, under sections 498-A, 323, 506 IPC and section 3/4 D.P. Act, P.S. Mahila Thana, District Mathura pending in the court of Judicial Magistrate, Mathura, is hereby quashed.

Order Date :- 26.7.2021

RPD