Allahabad High Court
Chanda Devi And 3 Others vs State Of U.P. Thru. Its Prin. Secy. ... on 1 April, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 1482 of 2022
Applicant :- Chanda Devi And 3 Others
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Civil Secrtt. Lko. And Another
Counsel for Applicant :- Ram Bux Rawat
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Ms. Archana Mishra, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in Court, the same is taken on record. Office is directed to show the name of counsel.
Heard learned counsel for petitioners, learned A.G.A. for the State and perused the material available on record.
By means of this petition under Section 482 Cr.P.C. the petitioner has sought following reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this petition under Section 482 Cr.P.C. and quash the impugned summoning order dated 12.2.2019 passed by the learned Judicial Magistrate Ist, Lucknow and impugned summoning order dated 22.7.2019 passed by the learned Chief Judicial Magistrate, Lucknow summoning the petitioners to face trauma of trial in criminal Case No. 7608 of 2019 :State Vs. Chanda Devi and others, arising out of Case Crime No. 272 of 2017, under Sections 498-A,323,504,506,354 IPC and 3/4 DP. Act, P.S. Cantt, District Lucknow and also quashing the impugned charge sheet submitted by the police in Case Crime No.272 of 2017 under Section 498-A,323,504506,354 IPC and 3/4 Dowry Prohibition Act, P.S. Cantt, District Lucknow, as contained in Annexure No. 1 and 2 respectively to this petition."
At the very outset, learned counsel for petitioners has submitted that the dispute between the parties has been amicably settled between the parties and the opposite party no. 2. The parties have entered into a compromise (by means of compromise deed dated 15.3.2021) which has been verified by the CJM, Lucknow on 8.9.2021 in compliance of order passed by this Court on 26.3.2021 in Case:- U/s 482/378/407 No. 1771 of 2021.
Learned counsel for opposite parties does not dispute the correctness of the submission made by learned counsel for petitioners or the correctness of the documents relied upon by them. She submits that opposite party no.2 has no objection, if the proceedings in the aforesaid are quashed.
In view of the fact that 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 15.3.2021, 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 report in J.T. 2008 (9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case are hereby set aside.
With the aforesaid observations/directions, the present application stands allowed.
The order of this Court be communicated to the court concerned for necessary compliance.
Order Date :- 1.4.2022
Arjun/-
