State of Madhya Pradesh v. Laxmi Narayan and others, AIR
Case Details
Neutral Citation No. - 2024:AHC:128871 Court No. - 76 Case :- APPLICATION U/S 482 No. - 17414 of 2024 Applicant :- Pankaj Sharma And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Javed Raza Counsel for Opposite Party :- G.A.,Utkarsh Khanna Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed in Court today, is taken on record.
Legal Reasoning
2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2/informant 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 06.11.2022, of S.T. No. 939 of 2023, arising out of Case Crime No. 384 of 2022, under Sections 498A, 323, 504, 506, 376-B I.P.C. and 3/4 D.P. Act, Police Station Phase-II, District Gautam Budh Nagar, pending in the court of ACJ(JD)-II, G.B. Nagar, on the basis of compromise arrived at between the parties. 4. It has been argued by the learned counsel for the applicants that applicants are husband, father-in-law and mother-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 informant of the case does not want to pursue the impugned proceedings. 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. 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 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. 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 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