Allahabad High Court
Abhishek Pathak And 2 Others vs State Of U.P And Another on 20 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:241638
Court No. - 92
Case :- APPLICATION U/S 482 No. - 38809 of 2022
Applicant :- Abhishek Pathak And 2 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Amitesh Kumar Mishra,Jitendra Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
1. Supplementary affidavit filed today on behalf of the applicants, is taken on record.
2. Heard Sri Jitendra Kumar, learned counsel for the applicants and Sri Sandeep Chaudhary, learned A.G.A. for the State.
3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceeding of Case Crime No. 2356 of 2021 (State vs. Abhishek Pathak and others), under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Sahibabad, District Ghaziabad, pending in the Court of Chief Judicial Magistrate, Ghaziabad.
4. Learned counsel for the applicants submits that it is a matrimonial dispute between the applicant no.1 and opposite party no.2, which has been duly settled amicably and a compromise dated 30.03.2022 has been arrived at between the parties and as per the settlement, applicant no.1 has agreed to pay a sum of Rs.10,00,000/- to the opposite party no.2 and out of such amount Rs.3,00,000/- has already been paid to the opposite party no.2 and an Application under Section 13-B Hindu Marriage Act, which has already been filed and is pending disposal and all the articles given at the time of marriage, has already been returned to the opposite party no.2. Therefore, learned counsel for the applicants prays for quashing of the entire proceedings of the instant case against the applicants herein.
5. Learned A.G.A. does not dispute the factum of compromise between the parties.
6. In earlier Application U/S 482 No.19237 of 2022, this Court vide order dated 16.07.2022 had directed the parties to appear before the trial court for verification of compromise and had finally disposed of the said application. The trial court vide order dated 05.08.2022 had verified the said compromise between the parties and thereupon, the instant application has been filed by the applicants seeking quashing of the entire proceedings.
7. Having heard submissions made by learned counsel for the parties and this Court has carefully gone through the record and from perusal of the record, it appears that it was a matrimonial dispute between the parties, which has been amicably settled and Application under Section 13-B of Hindu Marriage Act has already been filed between the parties and the part payment under the agreement has already been paid by the applicants herein. In view of the settlement/compromise dated 30.03.2022 entered into between the parties and in light of the judgments in the cases of Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303, Narinder Singh and others Vs. State of Punjab (2014) 6 SCC 466 and Prabatbhai Aahir alias Prabatbhai Bhimsinghbhai Karmur and others Vs. State of Gujarat and another (2017) 9 SCC 641, entire proceedings of Case Crime No. 2356 of 2021 (State vs. Abhishek Pathak and others), under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Sahibabad, District Ghaziabad, pending in the Court of Chief Judicial Magistrate, Ghaziabad, are hereby quashed.
8. Accordingly, the instant application is allowed.
Order Date :- 20.12.2023
Atul
