Court No. - 80
Case :- APPLICATION U/S 482 No. - 12191 of 2021 Applicant :- Udaibhan And Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dinesh Mishra Counsel for Opposite Party :- Vinod Kumar Pandey
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State, Shri Vinod Kumar 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 a prayer to quash the charge-sheet no. 275 of 2018, dated 10.11.2018, cognizance order dated 26.11.2019 and entire proceedings of Case No. 3825 of 2019, arising out of Case Crime No. 200 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sarai Akil, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi.
Learned counsel for the applicants has submitted that on account of matrimonial discord, instant criminal proceedings has been initiated against the applicants.
Learned counsel for the applicants has next submitted that with the intervention of the respected members of both the families, applicants and the opposite party no.2 have compromised the matter and they have amicably settled all their disputes and differences in order to maintain harmonious and cordial relations between them.
Learned counsel for the applicant has next submitted that in terms of the settlement, a compromise deed dated 10.06.2021 has also been drawn, in which, it is stated that all the streedhan was returned back to opposite party no.2 by the applicants, as such, entire proceedings, initiated against the applicants, be quashed.
Learned counsel for the opposite party no.2 has also filed an affidavit, in which, opposite party no.2 has stated that all her streedhan has been returned back to her and with the intervention of the respected members of the family, they have amicably settled all their disputes and differences Digitally signed by Justice Rajiv Gupta Date: 2021.08.02 14:13:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad in order to maintain harmonious and cordial relations between them and she does not want to further pursue the criminal proceedings against the applicant and also, she is no objection, if the entire criminal proceedings, initiated against the applicant, be 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 the 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 the law expounded by the 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 the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.
Accordingly, the entire proceedings of Case No. 3825 of 2019, arising out of Case Crime No. 200 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Sarai Akil, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 30.7.2021/Nadim