Vishal Shukla And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 20241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:154883
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 17171 of 2023
 

 
Applicant :- Vishal Shukla And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Suyash Mehrotra,Sudhir Mehrotra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants and learned AGA for the State.

2. This is an application under Section 482 Cr.P.C. seeking to quash the proceedings of Criminal Case No. 14898 of 2022, State vs. Vishal Shukla (arising out of Case Crime No. 760 of 2020), under Section 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mangalpur, District Kanpur Dehat, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 1, Kanpur Dehat.

3. Learned counsel for the applicants submitted that vide order dated 9.5.2023, matter was referred to Mediation Centre. He next submitted that mediation between the parties has completed and became successful. A report of Mediation Centre dated 26.07.2023 to this effect has also been submitted before this Court. He next submitted that as the matter has been settled between the parties, therefore, the present proceeding may be quashed.

4. Learned AGA has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

5. I have perused the report of Medication Centre dated 26.07.2023 submitted before this Court. As per report, both the parties have decided to live separately and further submitted that they shall withdraw all the civil and criminal cases pending against each other.

6. 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.

7. 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 Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated 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.

8. The present application is, accordingly allowed. No order as to costs.

Order Date :- 2.8.2023

Arvind