Naresh Tomar And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 16084 ALL

Allahabad High Court

Naresh Tomar And 3 Others vs State Of U.P. And Another on 8 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83279
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 15715 of 2020
 

 
Applicant :- Naresh Tomar And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satyam Narayan
 
Counsel for Opposite Party :- G.A.,Yogendra Pal Singh
 

 
Hon'ble Mayank Kumar Jain,J.
 

1. Supplementary filed today by Sri Satyam Narayan, learned counsel for the applicant is taken on record.

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

3.The present 482 Cr.P.C. application has been filed praying for quashing the entire criminal proceeding as well as charge-sheeet dated 12.02.2020, in Case No. 40 of 2020 (State Vs. Naresh Tomar and others) under Sections 498A, 323, 504, 506 I.P.C and 3/4 of D.P. Act, arising out of crime no. 483 of 2019, Police Station Dhaulana, District Hapur, pending before the court of Judicial Magistrate, First, Hapur.

4. Learned counsel for the applicant submits that vide order dated 08.11.2023 passed by this Court, the learned trial court was directed to verify the compromise deed dated 02.11.2023, entered between the parties. In furtherance, to it, the compromise deed dated 02.11.2023 has been verified by the court concerned. The order of the court concerned is annexed as Annexure-1 to the supplementary affidavit filed today.

5. 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 02.12.2023, therefore, no useful purpose would be served in proceeding with the matter further.

6. 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.

7. The present application is accordingly allowed.

Order Date :- 8.5.2024

PS