Upendra Upadhaya And 6 Others vs State Of U.P. And Another
2022 Latest Caselaw 21630 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 14282 of 2021
 

 
Applicant :- Upendra Upadhaya And 6 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anshika Agarwal,Vishal Agarwal
 
Counsel for Opposite Party :- G.A.,Ajit Kumar,Anil Kumar
 

 
Hon'ble Dr. Gautam Chowdhary,J. 

Heard learned counsel for the applicants, Mr. Ajit Kumar, learned counsel for the opposite party 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 proceeding of Case No.232 of 2021, arising out of Case Crime No.716 of 2020, under Sections- 323, 504, 506, 406, 420, 347, 352, 354 I.P.C., Police Station- Delhi Gate, pending in the court of Civil Judge (Senior Division) Additional Chief Judicial Magistrate, Aligarh.

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 Ajit Kumar, 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 Agreement dated 25.05.2022 filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.

Paragraph no.8 (e) of the said Agreement dated 25.05.2022 reads as under :

"It has also been agreed between the parties that all civil and criminal cases filed by them against each regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned."

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 25.05.2022 , 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 :- 19.12.2022

Sachin/-