Sarfaraz And 6 Ors vs State Of U.P. And Another
2024 Latest Caselaw 16085 ALL

Allahabad High Court

Sarfaraz And 6 Ors vs State Of U.P. And Another on 8 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83300
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 4100 of 2020
 

 
Applicant :- Sarfaraz And 6 Ors
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Afzal Ahmad Khan Durrani,Rajnish Dubey
 
Counsel for Opposite Party :- G.A.,Rajeev Upadhyay
 

 
Hon'ble Mayank Kumar Jain,J.
 

1. Supplementary filed today by learned counsel for the applicants 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 of Criminal Case No. 8292 of 2019, arising out of case crime no. 319 of 2019, under Sections 323, 506, 498A I.P.C and 3/4 of D.P. Act, Police Station Murad Nagar, District Ghaziabad (State Vs. Sarfaraz and others), pending before the court of Additional Chief Judicial Magistrate, VI, Ghaziabad and direct the trial Court to drop the prceedings the Criminal Case No. 8292 of 2019, arising out of case crime no. 319 of 2019, under Sections 323, 506, 498A I.P.C and 3/4 of D.P. Act, Police Station Murad Nagar, District Ghaziabad (State Vs. Sarfaraz and others), pending before the court of Additional Chief Judicial Magistrate, VI, Ghaziabad.

4. Learned counsel for the applicant submits that vide order dated 31.01.2020 passed by this Court, the learned trial court was directed to verify the compromise deed dated 07.08.2019, entered between the parties. In furtherance, to it, the compromise deed dated 07.08.2019 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 applicant no. 1, husband and wife i.e sister of opposite party no.2 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 19.03.2020, 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