Allahabad High Court
Vishal Dubey And 4 Others vs State Of U.P. And Another on 5 December, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:229994
Court No. - 89
Case :- APPLICATION U/S 482 No. - 44418 of 2023
Applicant :- Vishal Dubey And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shubham Dwivedi,Rajesh Kumar Singh,Shivam Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.186 of 2021, Computer Case No.3305 of 2021, under Sections-498A, 323, 406, 506 I.P.C. and Section 3/4 of DP Act, Police Station-Jhunsi, District- Prayagraj, pending in the court of Civil Judge (JD)/FTC, Court No.21, Allahabad.
3. Learned counsel for the applicants submits that applicant No.1 is husband and rest of the applicants are in-laws of opposite party No.2. Applicant No.1 and opposite party No.2 are living separately and have entered into compromise, thereafter, they approached this Hon'ble Court by filing Application U/s 482 No.36888 of 2023. The Hon'ble Court vide its order dated 05.10.2023 referred the matter to trial court for verification of the parties and compromise entered between the parties. The trial court vide order dated 07.11.2023 ordered regarding verification of the parties. Parties has settled the dispute and opposite party No.2 does not want to proceed further against the applicants.
4. 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.
5. 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.
6. Learned AGA could not dispute the aforesaid facts.
7. 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.
8. 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.
9. Accordingly, the entire proceedings of Complaint Case No.186 of 2021, Computer Case No.3305 of 2021, under Sections-498A, 323, 406, 506 I.P.C. and Section 3/4 of DP Act, Police Station-Jhunsi, District- Prayagraj, pending in the court of Civil Judge (JD)/FTC, Court No.21, Allahabad is hereby quashed.
10. This application under Section 482 Cr.P.C. is accordingly allowed.
Order Date :- 5.12.2023
Nitin Verma
