Anurag Singh Yadav And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 21633 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 12357 of 2022
 

 
Applicant :- Anurag Singh Yadav And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shashank Dwivedi
 
Counsel for Opposite Party :- G.A.,Nirendra Mohan
 

 
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 charge sheet dated 29.08.2014 filed in case crime No.266 of 2013, under Sections 498A, 323, 506 I.P.C. & Section 3/4 D.P. Act, P.S.- Mahila Thana, District- Kanpur Nagar as Charge Sheet No.116 of 2014 (State Vs Anurag Singh Yadav & Others) and its entire proceeding arising out thereof pending in the court of Civil Judge (J.D.)/C.A.W., Kanpur Nagar.

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 filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.

Paragraph no. 6 of the said Compromise reads as under :

" That Parties do not wish to prosecute each other and dispute arisen between them have been amicably settled between them"

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 22.06.2022 , 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/-