Akeel Ahmad And 10 Others vs State Of U.P. And Another
2023 Latest Caselaw 18768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:147067
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 33455 of 2016
 

 
Applicant :- Akeel Ahmad And 10 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shahabuddin
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants, learned AGA for the State and Sri Pradeep Kumar Kashyap for the opposite party no.2.

2. Case was heard on 28.2.2022, Court has passed the following order:-

"Learned counsel for the applicants submitted that the parties had entered into compromise in the matter as such present proceedings have no legs to stand and he had filed compromise affidavit before the court below on 16.01.2023.

In the circumstances, court below is directed to verify the compromise deed, in case the same is filed before it, and submit its report after verifying the contents of compromise deed, to this Court by the next date of listing.

List this case on 31.03.2023.

Interim order, granted earlier, shall continue till the next date of listing."

3. Pursuant to the order of this Court dated 28.2.2022, learned Chief Judicial Magistrate, Moradabad has submitted its report on 16.5.2023 verifying the compromise deed entered between the parties.

4. Learned counsel for the petitioner submitted that now applicant no.1-husband and opposite party no.2-wife are living together, therefore, in light of compromise, proceedings may be quashed.

5. Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

6. In view of above, 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.

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 Complaint case no. 1962 of 2016, under Sections 323, 504, 506, 377, 498-A, 354, 376, 511 IPC and Section 3/4 D.P. Act, P.S. Chandausi, District Moradabad and summoning order dated 13.7.2016 are hereby quashed.

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

Order Date :- 24.7.2023

Junaid