Allahabad High Court
Sachin And Another vs State Of U.P. And Another on 7 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:174832 Court No. - 78 Case :- APPLICATION U/S 482 No. - 26707 of 2024 Applicant :- Sachin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.,Radheshyam Yadav Hon'ble Vinod Diwakar,J.
1. Heard Shri Ashok Kumar Yadav, learned counsel for the applicants, Shri Radheshyam Yadav, learned counsel for the opposite party no.2, learned A.G.A. for the State-respondent, and perused the entire record.
3. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No.12281 of 2023, titled as State v. Sachin, arising out of Case Crime No.1630 of 2020, under Sections 504, 506 IPC and Section 67 of Information Technology (Amendment) Act, P.S. Kotwali Shahar, District Bulandshahr, pending in the court of learned Chief Judicial Magistrate, Bulandshahr, on the basis of compromise deed dated 23.7.2024.
4. Learned counsel for the applicant submits that the instant case has been registered by the wife against her husband, and now the parties have settled their disputes amicably outside the court. The opposite party no.2 does not want to proceed with trial, and therefore, no fruitful purpose would be served by keeping the matter pending.
5. Per contra, learned counsel for the opposite party no.2 submits that since the dispute between the parties has been settled and the opposite party no.2 has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.
6. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.
7. Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.
8. In such circumstances, the entire proceedings of Criminal Case No.12281 of 2023, titled as State v. Sachin, arising out of Case Crime No.1630 of 2020, under Sections 504, 506 IPC and Section 67 of Information Technology (Amendment) Act, P.S. Kotwali Shahar, District Bulandshahr, pending in the court of learned Chief Judicial Magistrate, Bulandshahr, against the applicants, are hereby quashed.
9. The instant application stands allowed, accordingly.
10. In case the opposite party no.2 is aggrieved by this order, she may avail appropriate recourse as available under the law.
Order Date :- 7.11.2024 Anil K. Sharma Justice Vinod Diwakar