Allahabad High Court
Ravindra Kumar Gautam And 2 Others vs State Of U.P. U.P. And Another on 19 December, 2022
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 27814 of 2022
Applicant :- Ravindra Kumar Gautam And 2 Others
Opposite Party :- State Of U.P. U.P. And Another
Counsel for Applicant :- Sandeep Kumar Singh
Counsel for Opposite Party :- G.A.,Adya Swaroop Pandey
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 the entire proceedings of Case No.2633 of 2020 (State Vs. Ravindra Gautam), pending before the Civil Judge (Junior Division) FTC, Meerut, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S.- Mahila Thana, District- Meerut arising out of Case Crime No.0051 of 2018, in the aforesaid case as well as the charge sheet dated 17.10.17 filed in the aforesaid Case Crime Number on the basis of the compromise between the parties.
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.
Learned A.G.A. does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the Compromise dated 12.10.2022 filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.
Paragraph no.7 of the said Compromise dated 12.10.2022 reads as under :
"Whereas both the parties hereby agreed that this mutual consent compromise is irrevocable and unquestionable and undertake that this mutual consent compromise would be inter alia be legal, valid binding and enforceable and executable in all manners and none of the parties shall be at liberty to take advantage of any technical language or lacuna, if any, if the same are not explained hereinbefore"
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 12.10.2022 , 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/-
