Citation : 2023 Latest Caselaw 20240 ALL
Judgement Date : 2 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:154732 Court No. - 87 Case :- APPLICATION U/S 482 No. - 16927 of 2018 Applicant :- Prayanshu Alias Ramji And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.,Arun Kumar Singh Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants, learned AGA and Sri Arun Kumar Singh, learned counsel for opposite party no. 2.
2. The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 18.6.2016 as well as entire proceeding of Criminal Case No. 5476 of 2016, arising out Case Crime No. 845 of 2015, under Sections 498-A, 323, 352, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station- Bilhore, District- Kanpur Nagar, pending in the C.J.M., Kanpur Dehat.
3. Learned counsel for the applicants submitted that the present matter relates to matrimonial dispute and compromise has been entered into between the applicants and the opposite party no. 2. He further submitted that opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, in light of aforesaid facts, proceeding may be quashed.
4. Sri Arun Kumar Singh, learned counsel for opposite party no. 2 has supported the case of the applicants on the basis of counter affidavit and also submitted that in case aforesaid proceeding is quashed, he would have no objection.
5. In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
6. Thus in view of the well settled principle 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 judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
7. The present application is, accordingly, allowed. No order as to costs.
Order Date :- 2.8.2023
Junaid
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