Surendra Kumar @ Lalla Bhai And 2 ... vs State Of U.P. And Another
2023 Latest Caselaw 18189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:144063
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 41512 of 2018
 

 
Applicant :- Surendra Kumar @ Lalla Bhai And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashutosh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

Learned counsel for the applicants has produced certified copy of compromise verification dated 01.03.2023, which is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Pavan Kumar, learned counsel for the opposite party No. 2.

The present 482 Cr.P.C. application has been filed to quash the summoning order dated 25.04.2018 as well as entire proceedings of Complaint Case No. 11173 of 2017(Surendra Kumar Vs. Smt. Vandana & others), under Sections- 452, 386, 504 and 506 I.P.C., Police Station- Nagfani, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Moradabad.

Present case is arising out of matrimonial dispute.

Learned counsel for the applicants submitted that parties have entered into compromise on 13.01.2020 and the same has also been verified by the trial Court vide order dated 01.03.2023, therefore, in light of compromise entered between the parties, criminal proceedings, against the applicant may be quashed.

Learned counsel for the opposite party No. 2 has not objected the aforesaid fact and submitted that in case proceedings against the applicant 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 Bureau 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 :- 19.7.2023

ADY