Jitendra Shukla And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 23626 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:173707
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 8790 of 2023
 

 
Applicant :- Jitendra Shukla And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Kumar Shukla
 
Counsel for Opposite Party :- G.A.,Sanjay Kumar Tripathi
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Krishna Kumar Shukla, learned counsel for the applicants, Sri Sanjay Kumar Tripathi, learned counsel for opposite party no.2 and learned A.G.A. for the State.

The instant application has been filed for quashing the charge sheet dated 23.04.2020 as well as summoning order dated 27.09.2022 and entire proceeding of Case No.879 of 2022 (State vs. Jitendra and others) arising out of Case Crime No.423 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Tharwai, District Prayagraj.

Contention of learned counsel for the applicants is that the parties have settled their dispute amicably through written compromise.

This Court vide order dated 16.03.2023 directed to the parties 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 16.03.2023 of this Court, compromise entered into between the parties has been verified by the Additional Chief Judicial Magistrate, Court No.5, Allahabad by order dated 29.04.2023 and a copy of the same has been sent to this Court.

Considering the above facts as well as law laid down by the Apex Court in the judgments of Gian Singh Vs. State of Punjab & Another (2012); 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another; (2014) 6 SCC 477, State of M.P. Vs. Laxmi Narayan; AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR; 2017 SC 1106, the entire proceeding of Case No.879 of 2022 (State vs. Jitendra and others) arising out of Case Crime No.423 of 2019, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Tharwai, District Prayagraj, in pursuance of compromise dated 29.04.2023, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Allahabad, is hereby quashed.

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

Order Date :- 28.8.2023

A.Kr.