Desh Deepak Gautam And Another vs State Of U.P. And Another
2022 Latest Caselaw 11392 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 14653 of 2022
 

 
Applicant :- Desh Deepak Gautam And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Nagendra Pratap Singh
 
Counsel for Opposite Party :- G.A.,Sudarshan Singh
 

 
Hon'ble Gautam Chowdhary,J.

Compromise affidavit has been filed by learned counsel for O.P. No. 2 today, taken on record.

Heard learned counsel for the applicants, Sri Sudarshan Singh, learned counsel for O.P. No. 2 and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of the entire proceeding of Criminal Case No. 1340 of 2021 (State Vs. Desh Deepak Gautam and another) arising out of Case Crime No. 405 of 2019, under sections 498-A, 323, 506 IPC and section 3/4 D.p. Act, P.S. Nawabganj, District Bareilly pending in the court of Judicial magistrate, Nawabganj, Bareilly.

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.

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 and they are living together as husband and wife.

He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.

Sri Sudarshan Singh, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the compromise filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.

In view of the fact that the 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 18.05.2022, 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 :- 29.8.2022

RPD