Smt. Kanchan Devi And 2 Others vs State Of U.P.And Another
2022 Latest Caselaw 19545 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 4603 of 2022
 

 
Applicant :- Smt. Kanchan Devi And 2 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Gautam Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet No. 1268 of 2022, F.I.R. No. 352 of 2021 (State Vs. Hamendra and others), under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P.Act and Case No. 24963 of 2021, FI.R. No. 698 of 2021 (State VS. Kanchan and others), under sections 323, 504, 506 IPC pending before C.J.M. Gautam Budh Nagar in terms of compromise.

Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant nos. 1 to 3 and the opposite party no. 2. The present criminal case has been lodged against the applicant no. 1 to 3 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.

Learned A.G.A. for the State 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, he 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 10.5.2022, 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 :- 2.12.2022

RPD