Allahabad High Court
Vishesh Gaindhar And 2 Others vs State Of U.P. And Another on 12 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:138144
Court No. - 87
Case :- APPLICATION U/S 482 No. - 22164 of 2023
Applicant :- Vishesh Gaindhar And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Deepak Kumar
Counsel for Opposite Party :- G.A.,Niladra Shekhar Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Niladra Shekhar Singh, learned counsel for opposite party No. 2.
The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 10.12.2019, impugned summoning order dated 16.06.2020, NBW dated 11.07.2022 as well as entire proceedings of Criminal Case No. 1750 of 2020 (State Vs. Vishesh Gaindhar), arising out of Case Crime No. 678 of 2018, under Sections- 498-A, I.P.C. and 3/4 D.P. Act, Police Station- Bisrakh, District- Gautam Budh Nagar, pending in the court of learned Additional Chief Judicial Magistrate-III, Gautam Budh Nagar.
Today, applicant No. 1- Vishesh Gaindhar, duly recognized by Sri Deepak Kumar, learned counsel for the applicants and opposite party No. 2- Ms. Akanksha Arora, duly recognized by Sri Niladra Shekhar Singh, learned counsel for opposite party No. 2 are present before the Court.
Learned counsel for the applicants submitted that settlement has been arrived between the parties before Family Court, Tis Hazari, Delhi and settlement agreement dated 20.07.2022 has also been signed by the parties. He next submitted that now the applicant No. 1(husband) and opposite party No. 2(wife) are living separately. He next submitted that as per the settlement agreement, it is required on the part of the applicant No. 1(husband) to pay Rs. 4,00,000/- to wife (opposite party No. 2).
As per settlement agreement dated 20.07.2022, learned counsel for the applicants has produced demand draft of Rs. 4,00,000/-, which is handed over to Ms. Akanksha Arora, opposite party No. 2 before the Court.
Learned counsel for the applicants further submitted that in light of settlement agreement dated 20.07.2022, criminal proceedings against the applicants may be quashed.
Learned counsel for the opposite party No. 2 in presence of Ms. Akanksha Arora, opposite party No. 2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.
In view of the facts and circumstances of the case, 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.
Order Date :- 12.7.2023
ADY
