Kulwant Singh And 5 Others vs State Of U.P. And Another
2022 Latest Caselaw 10392 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 15084 of 2018
 

 
Applicant :- Kulwant Singh And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ayank Mishra,Sunil Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused the material brought on record of this application.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings for offence under Sections 498A, 323, 324, 307, 504, 506 IPC and 3/4 D.P. Act, Case Crime No.383 of 2012, S.T. No1119 of 2014, Police Station- Hastinapur, District Meerut, pending in the court of Additional District and Sessions Judge, court no.18, Meerut.

Learned counsel for the applicant has engaged attention of this Court on Annexure No.9 (page no.64) (order of the court below dated 31.03.2018) of the affidavit filed in support of this application, wherein it has been specified categorically that the dispute has been settled between both the parties and they have resolved their differences amicably. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.

Learned A.G.A. also does not dispute the fact of compromise and has stated that in view of the compromise he does not want to pursue the matter any further.

The dispute has been amicably settled between the parties, no useful purpose would be served in keeping the petition pending.

Thus, in view of the well settled principles of law as laid down by the Judgement 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 entire proceeding for offence under Sections 498A, 323, 324, 307, 504, 506 IPC and 3/4 D.P. Act, Case Crime No.383 of 2012, S.T. No1119 of 2014, Police Station- Hastinapur, District Meerut, pending in the court of Additional District and Sessions Judge, court no.18, Meerut, is hereby quashed.

The instant application is, accordingly, allowed.

Order Date :- 17.8.2022

Raj