State of Madhya Pradesh v. Laxmi Narayan and others, AIR
Case Details
Neutral Citation No. - 2024:AHC:128918 Court No. - 76 Case :- APPLICATION U/S 482 No. - 17447 of 2024 Applicant :- Umesh Sahu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.,Yogesh Kumar Tiwari Hon'ble Raj Beer Singh,J.
Legal Reasoning
1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2/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 20.12.2022 and cognizance/summoning order dated 03.01.2023, of Criminal Case No. 233 of 2023, arising out of Case Crime No. 45 of 2022, under Sections 376, 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Jhansi, pending in the court of C.J.(J.D.)/F.T.C./C.A.W., Jhansi, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2/informant and remaining applicants are family members of applicant no. 1. 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. 4. 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. 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