Allahabad High Court
Vajid And 2 Others vs State Of U.P. And Another on 28 July, 2021
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 31691 of 2017
Applicant :- Vajid And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ravi Sahu
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants and learned A.G.A. for the State. None appeared on behalf of opposite party no.2 despite notices being issued.
The present 482 Cr.P.C. application has been filed praying for quashing of the charge-sheet dated 01.09.2016 as well as the entire proceedings of Case No. 12460 of 2016, arising out of Case Crime No. 486 of 2016, under Sections- 498-A, 323, 342, 506 I.P.C. and 3/4 D.P. Act, Police Station- Kotwali, District- Faehpur, pending in the court of Chief Judicial Magistrate, Fatehpur.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2. The present criminal case has been lodged against the applicant no. 1 and his other family members but that no real criminal offence had actually occurred. A settlement/agreement had arrived on 10.02.2018 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them.
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 with mutual consent.
Paragraph no. 4 of the supplementary affidavit reads as under :
"That it is necessary to mention here that both the applicant no.1 and opposite party no.2 have entered into compromise and according to compromise the applicant No.1 has given Rs.2,10,000/- to the opposite party No.2 and no amount is due against the applicant No.1 and on the basis of compromise the case No.132 of 2015 under section 125 Cr.P.C. has been decided on 10.02.2018 by F.T.C. Court No.2/ Additional District Judge, Fatehpur and the opposite party No.2 is ready to quash the aforesaid proceeding on the basis of compromise therefore the aforesaid criminal proceedings is also liable to quashed on the basis of compromise."
In view of the fact that the husband and wife do not want to pursue the case any further 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 10.02.2018, 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 :- 28.7.2021
shiv
