Gopal Maurya And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 18769 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:147193
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 29057 of 2022
 

 
Applicant :- Gopal Maurya And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Shandilya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants and learned AGA for the State.

2. By means of instant application under Section 482 Cr.P.C, the applicants have assailed impugned Charge-Sheet dated 13.4.2022 submitted in Case Crime No. 279 of 2021, under Sections 498-A, 323, 504 & 506 I.P.C. & Section 3/4 D.P. Act, Police Station Chaubepur, District Varanasi, the Summoning Order dated 27.7.2022 passed by Judicial Magistrate-III, Varanasi as well as the entire proceedings of consequential Case No. 148234 of 2022 (State Vs. Deepak Kumar Maurya) arising out of aforementioned case crime number, now pending in the Court of Judicial Magistrate- III, Varanasi.

3. Learned counsel for the applicant submitted that this Court vide order dated 16.9.2022 referred the matter to Mediation Centre and ultimately parties have entered into compromise. Agreement to the same was also recorded before the Mediation Centre. Report of Mediation Centre is prepared on 21.2.2023. He lastly submitted that in light of compromise entered between the parties, proceedings may be quashed.

4. I have perused the report of Mediation Centre dated 21.2.2023. From perusal of the same, mediation has been completed and in terms of agreement dated 21.2.2023, parties have entered into compromise and living separately. Further, they do not want to pursue the criminal proceedings against each other.

5. 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.

6. 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.

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

Order Date :- 24.7.2023

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