Rajwati @ Rajo And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 19012 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148279
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 19914 of 2023
 

 
Applicant :- Rajwati @ Rajo And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rajesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Sanjay Kumar Shukla, learned counsel for the opposite party No. 2.

2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 18.06.2022 as well as entire proceedings of Criminal Case No. 321/IX/2022 (State Vs. Rajwati @ Rajo And Others), arising out of Case Crime No. 42 of 2020, under Sections- 323, 498-A, 506 I.P.C. & 3/4 D.P. Act, Police Station- Baldev, District- Mathura, pending in the court of learned Civil Judge(J.D.)/Fast Track Court(Offence Against Women), Mathura.

3. Learned counsel for the applicants submitted that applicant No. 3 and opposite party No. 2 are husband and wife and now parties have entered into compromise on 18.04.2023. He next submitted that applicant No. 3 and opposite party No. 2 (husband and wife) are living together, therefore, in light of compromise, criminal proceeding against the applicants may be quahsed.

4. Learned counsel for the opposite party No. 2 has filed counter affidavit, in which he has not objected the aforesaid fact and submitted that in case proceedings against the applicants is quashed, he would have no objection.

5. 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.

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 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.

7. The present application is, accordingly allowed.

8. No order as to costs.

Order Date :- 25.7.2023

ADY