Smt Archana vs State Of U.P. And 2 Others
2023 Latest Caselaw 8813 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 40603 of 2022
 

 
Applicant :- Smt Archana
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Mahesh Prasad Pandey
 
Counsel for Opposite Party :- G.A.,Dr. Akhilesh Kumar
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned counsel for the opposite parties and learned A.G.A. for the State.

The present application U/S 482 Cr.P.C. has been filed for quashing the summoning order dated 13.1.2021 passed by the learned Chief Judicial Magistrate, Agra in Complaint Case No. 10845 of 2019, as well as entire proceedings bearing Case Crime No. 839 of 2018, P.S. Hari Parvat, District Agra,under Sections 384 IPC (Shobha Kapoor Vs. Sachit Kumar and another) pending in the court of learned Chief Judicial Magistrate, Agra.

Learned counsel for the applicants contends that the matter has been compromised between the parties and the same has been verified by the court below on 23.2.2023 which has been filed as annexure no. 2 to the S.A. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicant has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicant in the present case is allowed to go on as no grievance is left to the opp. party no.2, therefore, the present case be finally decided.

Learned counsel for the opposite party no.2 also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.

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, 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, Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 24.3.2023/A.