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2018 DAILYLAW 2643 (ALL)

MOHIT KUMAR VASANEY AND 4 OTHERS v. STATE OF UP AND ANOTHER

A482/19230/2018 · 2026-09-07

Vivek Varma

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 19230 of 2018 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard Sri Anup Singh, Advocate holding brief of Sri Ravi Prakash Singh, learned counsel for the applicants, Sri Ajit Kumar, learned counsel for opposite party no.2 and Sri N. K. Sharma, learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the complaint No.577 of 2017 (Neha Vashaney Vs. Mohit Kumar and Others), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D. P. Act, Police Station Sasnigate, District Aligarh, pending in the court of A.C.J.M., Court No.02, Aligarh. 3. Learned counsel for the applicants submits that:- (i) the dispute arises out of matrimonial discord between applicant no.1 and opposite party no.2. Applicant No. 2 is the paternal uncle, while applicant No. 3 is the paternal aunt, respectively, of applicant No. 1. Applicant Nos. 4 and 5 are the brother-in-law (Jeth) and sister-in-law (Jethani), respectively, of opposite Party No. 2. (ii) the first information report came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged; (iii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred; (iv) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos; Versus Counsel for Applicant(s) : Raj Narayan Gupta, Ravi Prakash Singh Counsel for Opposite Party(s) : Ajit Kumar, G.A., Mrityunjay Dwivedi Mohit Kumar Vasaney And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (v) at present, the parties to the dispute, have resolved their differences and have made peace; (vi) therefore, in such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicants. 4. It is further submitted that the parties have filed a compromise deed before the court concerned. Pursuant to the order dated 09.04.2026 passed by this Court, the parties appeared before the trial court, whereupon the compromise was duly verified by order dated 18.04.2026. The copy of the verification order dated 18.04.2026 has been sent to this Court by the Additional Chief Judicial Magistrate, Court No.07, Aligarh along with her letter dated 18.04.2026. 5. Sri Ajit Kumar, learned counsel for opposite party no.2 dispute the submissions advanced by the counsel for the applicants or the correctness of the documents relied upon by him. He submits that the opposite party no.2 has no objection if the proceedings of the aforesaid case are quashed. 6. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further. 7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in B.S. Joshi v. State of Haryana, 2003(4) SCC 675 , as well as Nikhil Merchant v. Central Bureau of Investigation and another, J.T., 2008 (9) SC 192, the proceedings of the aforesaid case, in so far the applicants are concerned, are hereby set aside. 8. The present application is, accordingly, allowed. September 8, 2026 Abhishek A482 No. 19230 of 2018 2 (Vivek Varma, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad