State v. Vaseem and others), arising out of case crime no
Case Details
Neutral Citation No. - 2024:AHC:120547 Court No. - 76 Case :- APPLICATION U/S 482 No. - 9303 of 2024 Applicant :- Vaseem And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Singh Counsel for Opposite Party :- G.A.,Saurabh Singh Hon'ble Raj Beer Singh,J. 1. Certified copy of the order passed by the trial Court filed in the Court today, is taken on record.
Legal Reasoning
2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned AGA for the State. 3. This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 6.2.2021 and cognizance order, of criminal case No. 6517 of 2023 (State Vs. Vaseem and others), arising out of case crime no. 311 of 2020, under Sections 498A, 323, 406, IPC and Section 3/4 of D.P. Act, P.S. Kotwali Dehat, District Saharanpur, pending in the court of Civil Judge (J.D.), F.T.C.-1st, Saharanpur, on the basis of compromise arrived at between the parties. 4. It has been argued by the learned counsel for the applicants that applicant No. 1 is husband and applicant nos. 2 and 3 are mother-in-law and father-in- law of opposite party no. 2 / informant. It was submitted that the matter relates to matrimonial dispute and that now both the parties have amicably settled the dispute and the complainant of the case does not want to pursue this case. It was further submitted that the compromise filed by the parties before the trial court concerned has already been verified by the court concerned, copy of which is also on record and thus, proceedings may be quashed on the basis of compromise arrived at between the parties. 5. Learned counsel for the opposite party no.2 / informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and the complainant does not want to proceed with the case pending before the trial Court and proceedings may be quashed, as no useful purpose would be served by exhausting remedy of trial, as it would be sheer wastage of precious time of Court. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. So far as position of law on the point of quashing of proceedings on ground of settlement, is concerned, in Criminal Appeal No. 349 of 2019, State of Madhya Pradesh Versus Laxmi Narayan and others, decided on 05.03.2019, Hon'ble Apex Court after considering its earlier decisions in case of Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak