Gaurav Sahani And 8 Others vs State Of U.P. And Another
2023 Latest Caselaw 19729 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:152034
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 21420 of 2023
 

 
Applicant :- Gaurav Sahani And 8 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mukesh Joshi
 
Counsel for Opposite Party :- G.A.,Sudhakar Yadav
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants, learned AGA and Sri Sudhakar Yadav, learned counsel for opposite party no. 2.

2. The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 17.1.2023, cognizance order dated 20.2.2023 and entire proceeding of Case No.1243/09/23, Computer No.11161 of 2023, (State vs. Gaurav Sahani and others), under Sections 498-A, 323, 342, 504, 506 IPC & 3/4 of D.P. Act, arising out of Case Crime No. 158 of 2022, Police Station- Kotwali, District- Moradabad, pending in the court of learned Additional Civil Judge (Junior Division), New Court No.4, Moradabad.

3. Learned counsel for the applicants submitted that the present matter relates to matrimonial dispute and now compromise has been entered between the applicants and the opposite party no. 2. He next submitted that compromise affidavit has already been filed before the trial Court to this effect. He further submitted that opposite party no.2 has filed short counter affidavit with the specific averment that now compromise has been entered between the parties, therefore, in light of aforesaid facts, aforesaid proceedings may be quashed.

4. Sri Sudhakar Yadav, learned counsel for opposite party no. 2 has filed short counter affidavit and supported the case of the applicants and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

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 Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State 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 :- 28.7.2023

Junaid