Ravi Saini vs State Of U.P.And Another
2023 Latest Caselaw 17175 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138082
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 4966 of 2023
 

 
Applicant :- Ravi Saini
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Kavindra Dwivedi,Chetan Chatterjee
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Kavindra Dwivedi, learned counsel for the applicant, learned AGA for the State.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 04.08.2011 bearing charge sheet no. 478 of 2011 filed in Case Crime/FIR No. 794 of 2011, under Sections 363, 366, 376 IPC P.S.- Chakeri, District-Kanpur Nagar and the consequential cognizance order dated 01.10.2011 passed by C.M.M., Kanpur Nagar and further pleased to stay the proceeding of S.T. No. 1665 of 2021 (State v. Ravi Saini), pending in the Court of Additional District Judge/ FTC-41, Kanpur Nagar.

Pursuant to the order dated 22.05.2023, applicant- Ravi Saini and victim-Raj Rani @ Kajal Maurya are present before the Court and their presence have been recorded in the order sheet. Both applicant and victim have been identified by Sri Kavindra Dwivedi, learned counsel for the applicant.

Victim-Raj Rani @ Kajal Maurya has given statement before the Court that she had solemnized marriage with applicant and out of their wedlock, they are having two children also. She further submitted that she does not want to pursue the criminal proceeding against the applicant and in case aforesaid proceeding is quashed, she would have no objection.

In view of above, the applicant and victim 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

Sartaj