Allahabad High Court
Dharmendra Kumar And 4 Others vs State Of U.P. And Another on 19 July, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146205
Court No. - 92
Case :- APPLICATION U/S 482 No. - 22507 of 2023
Applicant :- Dharmendra Kumar And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Anil Kumar Yadav
Counsel for Opposite Party :- G.A.,Rajesh Singh
Hon'ble Surendra Singh-I,J.
Heard Sri Anil Kumar Yadav, learned counsel for the applicants and Sri Rajesh Singh, learned counsel for the opposite party no. 2 and perused the record.
The applicant by means of this application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Criminal Case No. 13547 of 2022 (State vs. Dharmdrndra Kumar and others), arising out of Case Crime No. 1153 of 2019, under sections 498a, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Kalyanpur, district-Kanpur Nagar, pending in the Court of Alld. Chief Metropolitan Magistrate-II, Kanpur Nagar.
This Court vide order dated 27.5.2022 had directed the applicants and opposite party no. 2 to appear before the concerned trial court along with certified copy of this court on 10.6.2022 and file an application for verification of the agreement of settlement/compromise.
In compliance of the order of this Court dated 27.5.2022, the applicants and opposite party no. 2 have appeared before the concerned trial court along with agreement of settlement/compromise deed and filed an application for verification of the same, which was duly verified by the trial court on 20.8.2022. Verification of compromise with order is annexed as Annexure-6 to the affidavit accompanying this application.
Since applicants, Dharmendra Kumar, Harish Chandra, Smt. Anusuiya, Smt. Lakshmi Devi, Manphool and opposite party no. 2, Smt. Vandana Sonkar have amicably settled the dispute and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them. The compromise deed filed by them has been verified by the concerned trial Court.
Learned counsel for the opposite party no. 2 states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties and opposite party no. 2 has no objection if the present application in question is allowed and the impugned proceedings be quashed.
In view of the fact that 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 principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceeding of Criminal Case No. 13547 of 2022 (State vs. Dharmdrndra Kumar and others), arising out of Case Crime No. 1153 of 2019, under sections 498a, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Kalyanpur, district-Kanpur Nagar, pending in the Court of Alld. Chief Metropolitan Magistrate-II, Kanpur Nagar. is hereby quashed
The present writ petition is accordingly allowed.
Order Date :- 19.7.2023
Faridul
