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2023 DAILYLAW 2990 (ALL)

KARAN RATHORE AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/11525/2023 · 2026-03-18

Padam Narain Mishra

body2023

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 11525 of 2023 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2, learned AGA for the State and perused the record. 2. Learned counsel for the applicants has submitted that under the direction of the Court, applicant deposited Rs. 15,96,577/- before the Registrar General of this Court in pursuance of order dated 14.03.2024 and 05.08.2024 in the Application u/s 482 No. 236 of 2024. Out of which 60% amount has been released in favour of opposite party no. 2, by order dated 11.11.2024 in the Application u/s 482 No. 236 of 2024. He has further submitted that 40% amount was deposited in the Nationalized Bank, which was subject to the decision of divorce petition. The divorce decree has been passed by competent court, Etawah, under Section 13B of Hindu Marriage Act, which disclosed that all dispute between the parties have been settled and the parties or not interested further to prosecute the case. 3. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor." 4. Keeping in mind the position of law, facts and circumstances of the case, the present application under Section 482 Cr.P.C. stands allowed Versus Counsel for Applicant(s) : Pankaj Kumar Mishra Counsel for Opposite Party(s) : Bhupendra Singh, G.A. Karan Rathore And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. The entire proceedings of charge sheet dated 23.03.2022, arising out of Case Crime No. 390 of 2021 (State v. Karan Rathor and others), under Sections 498A, 323 IPC, Police Station Friends Colony, District Etawah, as well as summoning order dated 22.04.2022, is hereby quashed. 6. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 7. The parties may file the certified copy of this order before the court concerned within six weeks from today. March 19, 2026 v.k. updh. A482 No. 11525 of 2023 2 (Padam Narain Mishra,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad