Vijay Kumar And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 19006 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148309
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 28344 of 2022
 

 
Applicant :- Vijay Kumar And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Imran Mabood Khan
 
Counsel for Opposite Party :- G.A.,Saurabh Kumar
 

 
Hon'ble Neeraj Tiwari,J.

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

2. The present 482 Cr.P.C. application has been filed to quash the proceedings of Complaint Case No. 331 of 2021 (Smt. Annpurna Vs. Vijay Kumar and others), as well as summoning order dated 14.3.2022, under Sections 452, 392, 504 IPC, Police Station Saurikh, District Kannauj pending in the court of Special Judge (Dacoits Affected Area) Additional Sessions Judge/ F.T.C., Court No. 2, Kannauj.

3. Case was heard on 19.10.2022, Court has passed the following order:-

"Sri Imran Mabood Khan, learned counsel for the applicants and learned counsel for the opposite party no. 2 submit that the parties have entered into the compromise and have also compromised in the other matters and the husband and wife are presently living together. The compromise agreement is on record.

Considering the above submission, let certified copy of the compromise agreement be placed before the Court concerned in a Complaint Case 331 of 2021 as well as summoning order dated 14.3.2022, under Sections 452, 392, 504 IPC within two weeks. Learned trial court shall verify the same and submit a report before this Court within four weeks thereafter.

Put up this matter after six weeks.

For a period of six weeks from today, no coercive action shall be taken against applicants in Complaint Case No. 331 of 2021 (Rubi Begum Vs. Jitendra @ Chhotu), as well as summoning order dated 14.3.2022, under Sections 452, 392, 504 IPC, Police Station Saurikh, District Kannauj."

4. Learned counsel for the applicants submitted that present matter is arising out of matrimonial dispute and a complaint case was filed by opposite party no. 2 (mother-in-law) against the relatives of daughter-in-law.

5. Pursuant to the order of this Court dated 19.10.2022, learned Special Judge (Dacoits Affected Area/ SC/ST Act), Kannauj has submitted its report vide letter dated 24.6.2023 verifying the compromise deed entered into between the parties.

6. Sri Saurabh Kumar, learned counsel for the opposite party no. 2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

7. 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.

8. 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.

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

Order Date :- 25.7.2023

Arvind