Allahabad High Court
Ajaya Bharti vs State Of U.P. Thru. Prin. Secy. ... on 5 May, 2022
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- APPLICATION U/S 482 No. - 2285 of 2022
Applicant :- Ajaya Bharti
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow And Another
Counsel for Applicant :- Atul Kumar Singh Gaur
Counsel for Opposite Party :- G.A.,Anurag Misra
Hon'ble Karunesh Singh Pawar,J.
Shri Anurag Misra, Advocate has filed Vakalatnama on behalf of respondent no.2, which is taken on record.
Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for the respondent no.2
The petition seeks quashing of the charge-sheet no. 193 of 2009 dated 6.5.2009 under Section 498A, 323, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act in Case Crime No.239 of 2009, Police Station Alambagh, District Lucknow and the entire criminal proceeding of Case Crime No.239 of 2009.
Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court by way of compromise, a copy of which is on record.
In compliance of the order dated 2.3.2022 passed by this court in Case :- APPLICATION U/S 482 No. - 445 of 2021 the compromise has been verified by learned trial court in the presence of the parties. Verification report of the trial court dated 4.4.2022 is on record.
Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.
Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.
In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 4.4.2022 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.
Learned counsel for the petitioner as well as learned counsel for respondent no.2 undertake that they will cooperate with each other in resolving the pending cases as detailed in the compromise.
Order Date :- 5.5.2022
Madhu
