Allahabad High Court
Manoj And 2 Others vs State Of U.P. And Another on 16 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:164919
Court No. - 89
Case :- APPLICATION U/S 482 No. - 29652 of 2023
Applicant :- Manoj And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Birendra Singh Khokher
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Vakalatnama filed by Sri Shailendra Kumar Singh, Advocate, on behalf of opposite party no.2, is taken on record.
2. Heard learned counsel for the applicants, Sri Shailendra Kumar Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 27.06.2022, order dated 08.09.2022 passed by learned Additional Chief Judicial Magistrate, Court No.5, Meerut as well as entire proceedings of Case No.128/9 of 2022 arising out of Case Crime No.17 of 2022, under Sections 498A, 323, 504 I.P.C. & Section 3/4 Dowry Prohibition Act 1961, Police Station- Civil Lines, District- Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Meerut.
4. Learned counsel for the applicants submits that the opposite party no.2 and applicant no.1 are husband and wife and compromise has been made between the parties and both have decided to live separately. A mutual divorce petition under section 13-B(1) of the Hindu Marriage Act, 1955 has been filed before Principal Judge, Family Court, Meerut with prayer that the decree of divorce be passed on the basis of mutual consent.
5. Learned counsel for the applicants has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.
6. Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466 and has submitted that the applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
7. Sri Shailendra Kumar Singh, learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
8. Learned AGA could not dispute the aforesaid facts.
9. Considering the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.
10. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.
11. Accordingly, the entire proceedings of Case No.128/9 of 2022 arising out of Case Crime No.17 of 2022, under Sections 498-A, 323, 504 I.P.C. & Section 3/4 Dowry Prohibition Act 1961, Police Station- Civil Lines, District- Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Meerut is, hereby, quashed.
12. This application under Section 482 Cr.P.C is accordingly allowed.
Order Date :- 16.8.2023
SKD
