Allahabad High Court
Ankur Gaur vs State Of U.P. And Another on 14 August, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:138969
Court No. - 72
Case :- APPLICATION U/S 482 No. - 3982 of 2020
Applicant :- Ankur Gaur
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shri Krishna Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Appeal No.17 of 2016 (State vs. Ankur Gaur) filed against the judgment and order dated 19.01.2016, passed by the Additional Chief Judicial Magistrate, Court No.8, Ghaziabad in Criminal Case No.861 of 2014 (State vs. Ankur Gaur and others) arising out of Case Crime No.26 of 2013, under Sections 498A, 323, 504, I.P.C., Police Station Mahila Thana, District Ghaziabad, pending in the court of Additional District Judge, Court No.12, Ghaziabad.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Instant application has filed to quash the proceeding as applicant (husband) and opposite party no.2 (wife) have settled the dispute out of court in terms of compromise. It is next submitted that the applicant filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 31.01.2020 directed the parties to appear before the court below for verification of compromise. The order dated 31.01.2020 is being quoted below:-
"Learned counsel for applicant argued that parties have entered in compromise. The same has been filed with this application at page 95. However, the compromise has not been filed before appellate court nor it has been verified by appellate court.
Hence, let compromise entered in this matrimonial dispute, in view of law laid down in Gian Singh Versus State of Punjab, (2012) 10 SCC 303, be filed before learned appellate court, where it will be verified and after verification, certified copy of compromise along with verification order be obtained and filed on this record.
List in the week commencing 30th March, 2020.
Meanwhile, Criminal Appeal No. 17 of 2016 (State Vs. Ankur Gaur) may not be finally decided."
4. Pursuant to the said order dated 31.01.2020, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 19.03.2021 has passed the verification order. A copy of the same is available with record. A letter in this regard has also been sent by Additional District & Session Judge, Court No.12, Ghaziabad to this Court on 26.03.2021.
5. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
6. In view of the facts and circumstances of the case, the applicants and opposite party 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 proceeding of Criminal Case No.861 of 2014 (State vs. Ankur Gaur and others) arising out of Case Crime No.26 of 2013, under Sections 498A, 323, 504, I.P.C., Police Station Mahila Thana, District Ghaziabad, pending in the court of Additional District Judge, Court No.12, Ghaziabad is hereby quashed.
8. The application under Section 482 Cr.P.C is accordingly allowed.
Order Date :- 14.8.2025
SKD
