Allahabad High Court
Ajay Kumar Gupta And 6 Others vs State Of U.P. And Another on 31 January, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 43446 of 2022 Applicant :- Ajay Kumar Gupta And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Tiwari,Amit Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Learned counsel for the opposite party no.2 has filed short counter affidavit today in Court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Ashutosh Pandey, learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 40 of 2009 dated 30.03.2009 and cognizance order dated 18.04.2009 as well as entire proceedings of Criminal Case No. 285 of 2009 (State Vs. Ajay Kumar and Others), arising out of Case Crime No. 19 of 2009, under Sections 498-A, 504, 506 IPC, Police Station Chakia, District Chandauli, pending in the court of Judicial Magistrate, Chakia, Chandauli.
Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and on account of matrimonial discord, instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the families, the parties have entered into a compromise and have settled their all disputes and differences and have decided to live together as husband and wife since 2010 along with their children and is leading a happy married life and now, they do not have any grievance against each other.
Learned counsel for the applicants has next submitted that in view of the said compromise, the entire proceedings be quashed.
Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit and has acknowledged the said compromise. In para 5 and 6 of the said affidavit, it has been stated that dispute between the parties has already been settled and now, they are living together as husband and wife along with their children and is leading a happy married life and now, they do not have any grievance against each other.
Learned counsel for the opposite party no.2 has further submitted that opposite party no.2 has no objection, if the entire proceedings are quashed.
This Court is not unmindful of the judgements of the Apex Court in the cases of:-
(1). B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675. (2). Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677. (3). Manoj Sharma Vs. State and others, (2008) 16 SCC 1. (4). Gian Singh Vs. State of Punjab, (2012) 10 SCC 303. (5). Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466.
Wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.
Accordingly, the entire proceedings of Criminal Case No. 285 of 2009 (State Vs. Ajay Kumar and Others), arising out of Case Crime No. 19 of 2009, under Sections 498-A, 504, 506 IPC, Police Station Chakia, District Chandauli, pending in the court of Judicial Magistrate, Chakia, Chandauli, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed.
Order Date :- 31.1.2023 Nadim