Allahabad High Court
Jay Prakash Varshney And 3 Others vs State Of U.P. And Another on 19 October, 2022
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 4583 of 2021
Applicant :- Jay Prakash Varshney And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Diwakar Tiwari
Counsel for Opposite Party :- G.A.,Mahima Maurya Kushwaha,Mukesh Kumar Kushwaha
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the opposite party no. 2
The present 482 Cr.P.C. application has been filed praying for quashing the charge sheet dated 10.09.2020 as well as cognizance order dated 12.11.2020 and entire proceedings arising out of Case No. 10236 of 2020 (State Vs. Jay Prakash and Others), under Sections 498-A, 354, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, arising out of Case Crime No. 714 of 2019, Police Station Banna Devi, District Aligarh, pending before learned Chief Judicial Magistrate, Aligarh, pursuant to the compromise entered into between the parties.
Learned counsel for the applicants submits that the present dispute arises out of private dispute between the applicants and the opposite party no. 2. The present criminal case has been lodged against the applicants 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. He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants. He next submits that vide order dated 27.10.2021, this Court had sent the matter for compromise before the Mediation and Conciliation Centre of this Court and vide its report dated 01.05.2022, the matter has been compromised between the parties, and therefore, the proceedings against the applicants may be quashed.
Learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants.
In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature, which has been mutually settled between the parties before the Mediation and Conciliation Centre of this Court and report dated 01.05.2022 annexed with the case file, and 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 charge sheet as well as proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed.
Order Date :- 19.10.2022
Vibha Singh
