Amit Kumar And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 17162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138214
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 3595 of 2019
 

 
Applicant :- Amit Kumar And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prashant Kumar Singh
 
Counsel for Opposite Party :- G.A.,Ram Narayan Dwivedi
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants, learned AGA and Sri Harsh Narayan, Advocate holding brief of Sri Ram Narayan Dwivedi, learned counsel for the opposite party no.2.

The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 18.4.2018, cognizance order dated 5.9.2018 and further proceeding of Case No. 47534 of 2018 (State vs. Amit Kumar and others), arising out of Case Crime No. 792 of 2017, under Section 498-A, 323, 406, 506 IPC and 3/4 D.P. Act, Police Station- Chakeri, District- Kanpur Nagar, pending in the Court of C.M.M., Kanpur Nagar.

Learned counsel for the applicants submitted that present matter relates to matrimonial dispute and compromise has been entered between the parties and decided to live separately. He next submitted that this Court vide orders dated 6.3.2020 & 21.2.2023 has directed the trial Court for verification of compromise and thereafter submit its report. In compliance of orders of this Court dated 6.3.2020 & 21.2.2023, learned C.M.M., Kanpur Nagar has submitted verification report dated 2.3.2023 & 5.4.2023 verifying the compromise deed entered between the parties. It is lastly submitted that in light of compromise deed, present proceeding may be quashed.

Sri Harsh Narayan, Advocate holding brief of Sri Ram Narayan Dwivedi, learned counsel for the opposite party no.2 has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.

The present application is, accordingly allowed. No order as to costs.

Order Date :- 12.7.2023

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