Smt. Kirti Singh And 3 Ors vs State Of U.P. And Anr
2023 Latest Caselaw 24990 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:178847
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 41000 of 2018
 

 
Applicant :- Smt. Kirti Singh And 3 Ors
 
Opposite Party :- State Of U.P. And Anr
 
Counsel for Applicant :- Shyam Lal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

1. Supplementary affidavit filed today be taken on record.

2. Heard learned counsel for the applicants, learned AGA for the State and Sri B.D. Mishra, learned counsel for opposite party no. 2.

3. The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 13.2.2018 as well as entire proceeding of Complaint Case No. 2338 of 2017 (Aditya Vikram Singh vs. Kirti Singh and others), under Sections- 494, 504, 506, 352 IPC, Police Station- Mutthiganj, District- Allahabad.

4. Learned counsel for the applicants submitted that present matter relates to matrimonial dispute and now compromise has been taken place between the applicant no.1 and opposite party no.2. On the basis of compromise, applicant no.1 and opposite party no.2 have filed divorce petition No. 174 of 2019, which was allowed vide order dated 1.10.2021. He further submitted that on the basis of judgment and decree dated 1.10.2021 passed in aforesaid divorce petition, applicant no.1 withdrawn all entire proceedings pending between the applicant no.1 and opposite party no.2 i.e. Case No.926 of 2020, Case Crime No.40 of 2015, under Sections 498-A, 323, 506 IPC, Complaint Case No. 304 of 2020, under Section 12 of Domestic Violence and Women Protection Act, 2005 and Case No. 335 of 2015, under Section 125 Cr.P.C.. It is lastly submitted that in light of compromise, present proceeding may be quashed.

5. Sri B.D. Mishra, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he would have no objection.

6. In view of above, the applicants and respondent 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.

7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.

8. The present application is, accordingly allowed. No order as to costs.

Order Date :- 15.9.2023

Junaid