Shivam Verma And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 9074 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- APPLICATION U/S 482 No. - 22851 of 2019
 

 
Applicant :- Shivam Verma And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sanjay Kumar Dubey
 
Counsel for Opposite Party :- G.A.,Sarvesh Kumar Dubey,Satish Solanki
 

 
Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicants, Sri Sarvesh Kumar Dubey, 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 entire proceedings of Criminal Case No 1020 of 2019 (State Vs. Shivam Verma and others), under sections 498-A, 323 IPC and section 3/4 D.P. Act, P.S. Mahila Thana, District Hathras, as well as charge sheet dated 3.9.2018 where upon learned court below taken cognizance on 3.4.2019 arising out of case crime No. 38 of 2018 pending in the court of C.J.M. Hathras.

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 Sarvesh Kumar Dubey, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In this regard a compromise between the parties has taken place on 6.1.2021 before District Judge, Hathras and the O.P. No. 2 has stated that all the proceeding initiated by her may be dropped against her husband and his family members.

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 6.1.2021, 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 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 :- 3.8.2022

RPD