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2025 DAILYLAW 109877 (ALL)

KHUSHAL ALIAS KUNWAR KHUSHAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/41872/2024 · 2025-08-06

Anish Kumar Gupta

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Judgment text

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Neutral Citation No. - 2025:AHC:134386 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 280) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41872 of 2024 Applicant :- Khushal Alias Kunwar Khushal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Singh,Sushil Kumar Shukla Counsel for Opposite Party :- G.A.,Shivam Shukla Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Brijesh Singh, learned counsel for the applicants, Sri Varun Ojha, learned counsel for the opposite party no. 2 and Sri Anjani Kumar, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 2802 of 2023 (Smt. Sujata Gautam vs. Khushal & others) under Section 498A, 323 IPC, Police Station-Gujaini, District Kanpur Nagar as well as summoning order dated 14.12.2023, pending in the court of Additional Chief Metropolitan Magistrate/ACJ (SD), Court No. 5, Kanpur Nagar. 3. Learned counsel for the applicants submits that the applicant no. 1 is the husband of opposite party no. 2 and there was a matrimonial dispute between them due to which the instant proceedings were initiated by the opposite party no. 2 against the applicants by way of Complaint Case No. 2802 of 2023 wherein the applicants have been summoned by impugned order dated 14.12.2023 for the offence under Section 498A, 323 IPC. Learned counsel for the applicants submits that during the pendency of aforesaid complaint case, the parties have amicably settled their matrimonial dispute and a compromise dated 9.8.2024 was duly executed between the parties. The said compromise has been placed on record before the trial court concerned and certified copy thereof has been placed on record as Annexure-4 to the instant application. 4. Vide order dated 22.4.2025 this Court had directed the parties to appear before the trial court concerned for verification of compromise. 5. Pursuant to the aforesaid directions issued by this Court, the parties have appeared before the trial court concerned on 3.5.2025 wherein in presence of parties the Additional Civil Judge (Junior Division)/Additional Chief Judicial Magistrate has verified the said compromise and a report to that effect has also been sent to this Court by the trial court on 19.5.2025. 6. In view of the aforesaid facts, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case in terms of the said compromise arrived at between the parties. 7. Learned counsel for the opposite party no. 2 do not dispute the aforesaid facts and admits the factum of compromise arrived at between the parties and its verification as well and also supports the prayer of quashing of entire proceedings of the complaint case in terms of compromise arrived at between the parties. 8. Learned A.G.A. do not oppose the prayer for quashing of the entire proceedings against the applicants in view of the settlement. 9. In view thereof and in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67, the entire proceedings of Complaint Case No. 2802 of 2023 (Smt. Sujata Gautam vs. Khushal & others) under Section 498A, 323 IPC, Police Station-Gujaini, District Kanpur Nagar are hereby quashed. 10. Accordingly, the instant application stands allowed. Order Date :- 7.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad