Amrit Singh And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 15726 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 23833 of 2022
 

 
Applicant :- Amrit Singh And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pragati,Archana Jha,Shaili Ganguly
 
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 the proceedings of Case Crime No. 835 of 2017 (State Vs. Amrit Singh and others), under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Civil Lines, District Rampur in complaint case no. 1007 of 2018 (Lakhpat Singh Vs. Amrit Singh and others), under sections 452, 323, 504, 506 IPC, P.. Tanda, District Rampur.

Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the daughter of 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 separately.

He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.

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 compromise filed by the opposite party no. 2, she 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 22.09.2022, 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 :- 2.11.2022

RPD