Allahabad High Court
Veer Bahadur vs State Of U.P. And Another on 14 March, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:46415 Court No. - 91 Case :- APPLICATION U/S 482 No. - 9720 of 2020 Applicant :- Veer Bahadur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Chandra Mishra,Virendra Kumar Gupta Counsel for Opposite Party :- G.A.,Geeta Kushwaha,Sunil Kumar Kushwaha AND Case :- APPLICATION U/S 482 No. - 9867 of 2020 Applicant :- Vijay Bahadur And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Chandra Mishra,Virendra Kumar Gupta Counsel for Opposite Party :- Ashok Kumar Singh Bais,G.A. Hon'ble Mayank Kumar Jain,J.
Since both the applications arise out of the same case crime as well as similar proceedings, they are being heard and decided together by this common order.
Supplementary affidavit filed today in Application u/s 482 No.9720 of 2020 is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and learned counsel for opposite party no.2.
Present applications under Section 482 of Cr PC have been filed by the applicants, praying for quashing the charge-sheet dated 7.7.2019 as well as cognizance order dated 1.1.2020 passed by Chief Judicial Magistrate, Mahoba, District Mahoba, Case No.04/2020 (State vs. Veer Bahadur and others), Case Crime no.17 of 2019 under Sections 498-A, 504, 506 of IPC and under Section 3/4 of Dowry Prohibition Act, Police Station Khanna, District Mahoba as well as for quashing the entire proceeding of Case No.4/2020 (State vs. Veer Bahadur and other), Case Crime No.17 of 2019 under Sections 498-A, 504, 506 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Khanna, District Mahoba, pending in the Court of Chief Judicial Magistrate, Mahoba.
It is submitted that through supplementary affidavit, a judgment passed under Section 13-B of the Hindu Marriage Act is brought on record. In the said proceeding, statement of opposite party no.2 was recorded in which, she admitted that no dispute remains with the applicants and she has received Rs.4.00 lakhs. It was also resolved therein that both the parties shall now live their life independently on their own.
In view of the above and also considering the fact that the present matter is purely of personal nature, which has been mutually settled between the parties, 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 in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceedings of the aforesaid cases are hereby set aside.
Both the applications are, accordingly, allowed.
Order Date :- 14.3.2024 RKK/-