Allahabad High Court
Shailendra Kumar And 2 Others vs State Of U.P. And 2 Others on 27 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:150892
Court No. - 87
Case :- APPLICATION U/S 482 No. - 43716 of 2022
Applicant :- Shailendra Kumar And 2 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Suraj Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned AGA for the State.
Case was heard on 21.3.2023, Court has passed the following order:-
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 4198 of 2017 (State vs. Shailendra Kkumar Singh and others), arising out of Case Crime No. 231 of 2017, under Sections 498A, 323, 504, 506, 308 I.P.C. and Section 3/4 D.P. Act, Police Station Kapsethi, District Varanasi, pending in the court of A.C.J.M.-II, Varanasi.
It has been stated that it is matrimonial dispute between the parties and the parties have amicably settled their disputes outside the court and have entered into the compromise. The compromise deed has been annexed as Annexure-6 to the affidavit filed along with present application.
In view of above, it is provided that the applicants shall file an application along with the compromise deed before the concerned Court below within 15 days for verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise, within 15 days from date of receiving application and compromise, and shall prepare a report. The parties on filing a suitable application shall also be given a certified copy of the report.
List after one month before appropriate Court, on which date, the applicants shall file the report of the concerned Court regarding the verification of the compromise.
Till the next date of listing, no coercive action shall be taken against applicants in the aforesaid case.
This case shall not be treated as tied up/part heard to this Bench."
Pursuant to the order of this Court dated 21.3.2023, learned Additional Sessions Judge, Kannauj has submitted its report on 4.4.2023 verifying the compromise deed entered between the parties.
Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.
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.
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 entire proceeding of Case No. 4198 of 2017 (State vs. Shailendra Kkumar Singh and others), arising out of Case Crime No. 231 of 2017, under Sections 498A, 323, 504, 506, 308 I.P.C. and Section 3/4 D.P. Act, Police Station Kapsethi, District Varanasi is hereby quashed.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 27.7.2023
Junaid
