Allahabad High Court
Deepak Kumar Bhargava Alias Deepesh ... vs State Of U.P. Thru. The Prin. Secy. Home ... on 31 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:42043
Court No. - 15
Case :- APPLICATION U/S 482 No. - 5116 of 2024
Applicant :- Deepak Kumar Bhargava Alias Deepesh Kumar Bhargava And Another
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Others
Counsel for Applicant :- Surya Kant Mishra,Shraddha Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Pramod Kumar, Advocate, who has filed Vakalatnama on behalf of respondent nos.2 and 3, which is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceedings, relating to criminal appeal no.338 of 2017 Deepak Kumar Bhargava and others vs. State of U.P. arising out of Criminal Case No.1450 of 2013 arising out of Case Crime No.563 of 2010, Police Station Chinhat, District Lucknow
Learned counsel for the applicants submits that the parties were having matrimonial dispute between them. The same has been amicably settled outside the court by way of compromise. The copy of the compromise is on record. On the basis of the said compromise, earlier the applicants have filed Application U/S 482 No.4451 of 2024 before this court in which vide order dated 15.5.2024 the matter was sent to learned trial court for verification of compromise in the presence of parties.
Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court, parties had appeared before the trial court, who in the presence of the parties has verified the compromise entered between the parties vide its order dated 2.5.2024. The copy of the verification report dated 21.5.2024 is on record.
Learned counsel for respondent no.2 and 3 concedes the argument made by learned counsel for the applicants.
Learned A.G.A. has also no objection if the impugned proceedings are quashed.
Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.
In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by the trial court and the verification report is on record as well as considering the ratio laid down by the Hon'ble Supreme Court in the cases (supra), it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
Accordingly, the present petition is allowed and the impugned proceedings are hereby quashed.
Order Date :- 31.5.2024
Madhu
