Allahabad High Court
Rakesh Sharma And 4 Others vs State Of U.P. And Another on 21 December, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:241798
Court No. - 89
Case :- APPLICATION U/S 482 No. - 46742 of 2023
Applicant :- Rakesh Sharma And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Vakalatnama has been filed today in the Court by Sri Sudhanshu, learned Advocate on behalf of opposite party No.2, is taken on record.
2. Heard learned counsel for the applicants, 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 summoning order dated 30.07.2019 as well as entire proceedings of Criminal Complaint Case No.29 of 2019, under Sections 498A, 323, 506, 406 I.P.C. and Section 3/4 of DP Act, Police Station-Sakaldiha, District-Chandauli, pending in the court of Civil Judge (JD)/FTC-I, Chandauli.
4. Learned counsel for the applicants submits that applicant challenged the aforesaid proceedings on the basis of compromise executed between the parties dated 05.12.2023, which is file as annexure 6 to the affidavit. Husband and wife are living together and no dispute remain pending between the parties as informant/opposite party no.2 is not interested to proceed further against the applicant in the aforesaid case. Dispute between the parties is private in nature.
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. Learned counsel for opposite party No.2 has stated in para 3 of short counter affidavit that compromise has been executed between the parties on 05.12.2023 and deponent/informant is not interested to contest the case further as both the parties are living as husband and wife with love and affection and in para 5 it has been stated that parties have settled the matter and the proceedings of the case may be quashed, pending against the applicants.
8. Learned AGA could not dispute the aforesaid facts.
9. 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 Criminal Complaint Case No.29 of 2019, under Sections 498A, 323, 506, 406 I.P.C. and Section 3/4 of DP Act, Police Station-Sakaldiha, District-Chandauli, pending in the court of Civil Judge (JD)/FTC-I, Chandauli, is hereby quashed.
12. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 21.12.2023
Nitin Verma
