State of Madhya Pradesh v. Laxmi Narayan and others, AIR
Case Details
Neutral Citation No. - 2024:AHC:126813 Court No. - 76 Case :- APPLICATION U/S 482 No. - 16985 of 2024 Applicant :- Meghraj Singh Opposite Party :- State Of U.P. & 2 Others Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- G.A.,Prakash Tripathi,Rukmani Ojha Hon'ble Raj Beer Singh,J.
Legal Reasoning
1. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 09.08.2020 and cognizance/summoning order dated 25.08.2020, of criminal case No. 1162 of 2020, arising out of case crime no. 840 of 2020, under Sections 498A, 307 IPC and Section 3/4 of D.P. Act, P.S. Majhola, District Moradabad, pending in the court of Additional District Judge/F.T.C., Court No. 1, Moradabad, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he is husband of opposite party no. 3/victim. It was submitted that the matter relates to matrimonial dispute and that now both the parties have amicably settled the dispute and the informant 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, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the private opposite parties/informant has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and the informant 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. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. 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 Vs. Laxmi Narayan and others, AIR 2019 SC 1296, Hon'ble Apex Court after considering its earlier decisions in case of Gian Singh vs. State of Punjab