Court No. - 80
Case :- APPLICATION U/S 482 No. - 25228 of 2021 Applicant :- Vikash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Shri Durvijay Singh, Advocate has filed his vakalatnama along with an affidavit on behalf of opposite party no.2 today in Court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri R.S. Tomar, Advocate holding brief Shri Durvijay Singh, 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 entire proceedings of Case No. 288 of 2021 (State Vs. Vikas and others), arising out of Case Crime No. 295 of 2020, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Hafizganj, District Bareilly, pending in the court of Additional Chief Judicial Magistrate-3rd, Bareilly.
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 proceedings has been initiated against the applicants, however subsequently, with the intervention of respected members of both the family, applicants and the opposite party no.2 have compromised the matter and they have amicably settled all their disputes and differences.
Learned counsel for the applicants has next submitted that applicant no.1 and opposite party no.2 have restored their relationship and they have decided to live together and now, they are living as husband and wife under one roof and are leading a happy married life.
Learned counsel for the applicants has next submitted that a settlement agreement dated 29.10.2021 has also been made between the parties, a copy of which has been annexed as Annexure No.3 to this application.
Learned counsel for the applicants has next submitted that in view of settlement agreement dated 29.10.2021 made between the parties, entire proceedings, initiated against the applicants, be quashed.
Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit and in para 3, 4 and 5 of the said affidavit, settlement agreement dated 29.10.2021 has been acknowledged.
Learned counsel for the opposite party no.2 has made a statement at the bar that applicant no.1 and opposite party no.2 have restored their relationship and are living together under one roof and are leading a happy married life.
Learned counsel for the opposite party no.2 has next submitted that opposite party no.2 does not want to further pursue the criminal proceedings against the applicants and she has no objection, if the entire criminal proceedings, initiated against the applicants, 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. 288 of 2021 (State Vs. Vikas and others), arising out of Case Crime No. 295 of 2020, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Hafizganj, District Bareilly, pending in the court of Additional Chief Judicial Magistrate-3rd, Bareilly, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 21.12.2021 Nadim