Gaurav Gupta@ Gaurav Kumar Gupta vs State Of U.P. And Another
2024 Latest Caselaw 47 ALL

Allahabad High Court

Gaurav Gupta@ Gaurav Kumar Gupta vs State Of U.P. And Another on 2 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:269
 
Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 45187 of 2023
 

 
Applicant :- Gaurav Gupta@ Gaurav Kumar Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ankit Kapoor
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.
 

Vakalatnama as well as short counter affidavit filed today by Sri Prashant Pandey, learned counsel on behalf of opposite party no. 2 is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State .

The present 482 Cr.P.C. application has been filed praying for quashing the entire proceeding of Case No. 27110 of 2020 (State Vs. Gaurav Kumar Gupta) arising out of Case Crime No.102 of 2020 under Section 506 I.P.C. and Section 67A I.T. Act, Police Station Adampur, District Varanasi, pending before the court of learned Additional Chief Judicial Magistrate, Court No.7/Additional Civil Judge (J.D) Court No. 10, Varanasi, pursuant to the compromise dated 18.10.2022 entered into between the parties.

Learned counsel for the applicant submits that vide order dated 13.09.2023 passed by this Court, the learned trial court was directed to verify the compromise deed dated 18.10.2022, entered between the parties. In furtherance, to it, the compromise deed dated 18.10.2022 has been verified by the court concerned. The order of the court concerned is annexes as Annexure-2 to the application.

A short counter affidavit is filed on behalf of opposite party no. 2, wherein it is admitted that compromise has been taken place between the parties.

In view of the fact that the husband and wife 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, which has also been verified by the concerned Court below, vide its report dated 04.10.2023, 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 entire proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 2.1.2024

PS