Citation : 2023 Latest Caselaw 7891 ALL
Judgement Date : 17 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- APPLICATION U/S 482 No. - 2429 of 2023 Applicant :- Neeraj Verma And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, Sri Mukesh Kumar, learned counsel for the opposite party no. 2, who has vakalatnama on behalf of the opposite party no. 2 and learned A.G.A.
The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 02.04.2019, passed by C.J.M., Unnao in criminal Case No.635/2020, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Unnao pending in the court of Civil Judge (J.D.) F.T.C. (CAW) Unnao.
Learned counsel for the applicant submits that in APPLICATION U/S 482 No. - 7306 of 2019 vide order 13.9.2022, the matter was referred to the trial court with a direction to both the parties to appear before the trial court for verification of compromise arrived at between the parties. In pursuance of order dated 13.9.2022, both the parties appeared before the trial court and the compromise has been verified.
In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed.
Order Date :- 17.3.2023
Anuj Singh
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