Sandeep Gupta And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 22789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169225
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 12860 of 2023
 

 
Applicant :- Sandeep Gupta And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rohit Singh Parmar
 
Counsel for Opposite Party :- G.A.,Preyansh Mishra
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard SriRohit Singh Parmar, learned counsel for the applicants and Sri Preyansh Mishra, learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicants to quash the charge sheet dated 02.11.2021 as well as entire criminal proceedings of Criminal Case No.1797 of 2022 (State of U.P. Vs. Sandeep Gupta & others), arising out of Case Crime No.212 of 2021, under Sections 498-A, 323, 354, 406, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sarai Mamrez, District Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Room No.7, Allahabad including order of cognizance and summoning dated 23.06.2022 passed by learned court below in aforesaid criminal case on the basis of compromise.

Contention of learned counsel for the applicants is that the present matter is relating to matrimonial dispute and the same was amicably settled by the parties and it was also produced in written compromise.

This Court vide order dated 20.04.2023 directed to the applicants to file compromise deed before the court below with further direction to the court below to verify the same after summoning the parties and send his report to this Court.

In pursuance of order dated 20.04.2023 of this Court, Additional Civil Judge, Junior Division, Court No.8, Prayagraj has send her report dated 19.07.2023 mentioning the fact that she has verified the compromise dated 17.12.2022 between the parties and a copy of the same has been annexed with that report.

Considering the above facts as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477 and State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, the proceeding of Criminal Case No.1797 of 2022 (State of U.P. Vs. Sandeep Gupta & others), arising out of Case Crime No.212 of 2021, under Sections 498-A, 323, 354, 406, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sarai Mamrez, District Prayagraj, pending in the court of learned Chief Judicial Magistrate, Room No.7, Allahabad is hereby quashed.

In view of the aforesaid observations, the application is allowed.

Order Date :- 22.8.2023

Atul