Ashish Kaushik And 5 Others vs State Of U.P. And Another
2023 Latest Caselaw 18573 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:145475
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 19643 of 2023
 

 
Applicant :- Ashish Kaushik And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vijay Singh Sengar
 
Counsel for Opposite Party :- G.A.,Ramendra Singh
 

 
Hon'ble Neeraj Tiwari,J.

1. Short counter affidavit filed today on behalf of opposite party No. 2 be taken on record.

2. Heard learned counsel for the applicants, learned AGA for the State, Sri Laxman Singh, learned counsel for the opposite party no.2 and Sri Ramendra Singh, learned counsel for respondent No. 3.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 193 of 2002 dated 16.05.2002 as well as entire proceeding of Case No. 1765 of 2002 (State vs. Ashish Kuashik and others), arising out of Case Crime No. 289 of 2002, under Sections 498-A, 323, 504, 506, 306, 116/511 IPC, P.S.-Kotwali Orai, District-Jalaun, pending in the Court of Civil Judge (J.D.)/F.T.C., Jalaun at Orai.

4. Learned counsel for applicants submitted that parties have entered into compromise and in terms of compromise, now divorce petition under Section 13-B of Hindu Marriage Act has also been filed. Lastly, he submitted that in the light of compromise, proceedings of the aforesaid case may be quashed.

5. Sri Laxman Singh along with Sri Ramendra Singh, counsels appearing for opposite parties have not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, they would have no objection.

6. In view of above, the applicants and opposite party nos. 2 & 3 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.

7. 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.

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

Order Date :- 21.7.2023

Sartaj