Allahabad High Court
Om Prakash Singh And 2 Others vs State Of U.P And Another on 17 October, 2022
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 28643 of 2021
Applicant :- Om Prakash Singh And 2 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Pradeep Kumar Tiwari
Counsel for Opposite Party :- G.A
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicants,Sri Ravindra Prakash Srivastava, learned counsel for O.P.No. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of the entire proceedings of Case no. 302 of 2011 (State Vs. Om Prakash Singh and others), under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P.Act arising out of case crime No. 5011 of 2010, P.S. Chhawani, District Basti pending in the court of A.C.J.M. -II, Basti.
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 by learned counsel for O.P.No. 2 in his counter affidavit in paragraph no. 11 that both the parties do not want to contest the case and both are living as husband and wife. In 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 and compromise has taken place out side the court.
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 counter affidavit 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 above, 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 :- 17.10.2022/RPD
