PAPPU GOND AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43698/2024 · 2025-07-20
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111449 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111449 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:118448 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** Court No. - 78 Case :- APPLICATION U/S 482 No. - 43698 of 2024 Applicant :- Pappu Gond And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Vinod Kumar Singh Kushwaha, learned counsel for the applicants, Sri Satya Prakash Singh, learned counsel for the opposite party no.2 and Sri Rajesh Kumar Tripathi, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order summoning order dated 24.10.2016 in Complaint Case No. 797 of 2016 (Seema Gond Vs. Pappu Gond and Others) under Sections 498-A, 323, 504 and 506 I.P.C., Police Station- Sadat, District- Ghazipur, pending in the court of learned Judicial Magistrate, Saidpur, Ghazipur.
3. Learned counsel of the applicants submits that applicant no.1 is the husband of the opposite party no.2, the complainant herein.
Learned counsel for the applicant submits that there was a matrimonial dispute between the applicant no.1 and opposite party no.2 due to which the instant complaint case was lodged by the opposite party no.2. During the pendency of the said complaint case the parties have settled their disputes amicably and a compromise application was moved before the court below by the opposite party no.2. Certified copy of the same has been produced as Annexure No.- 3 to the instant application.
4. Vide order dated 06.05.2025, this Court has directed the parties to appear before the trial court and to get the compromise verified from the trial court. As per the report received from the Judicial Magistrate, Court No.2, Saidpur, Ghazipur dated 21.05.2025, the said compromise between the parties has been duly verified by the trial court vide 19.05.2025, in presence of the parties. Therefore,
learned counsel of the applicants seeks quashing of the entire
proceedings between the parties in view of the settlement of dispute and execution of compromise between the parties.
5. Learned counsel for the opposite party no.2 do not dispute the aforesaid facts and supports the prayer for quashing of the entire proceedings of the instant case against the applicants herein.
6. In view of the aforesaid settlement learned A.G.A. do not oppose the prayer so made by learned counsel for the applicants.
7. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. Applicant no.1 is the husband of the opposite party no.2, who has married on 19.05.2013. Since, there was a matrimonial dispute between them the instant complaint case was lodged by the opposite party no.2 and during the pendency of the said complaint case, the parties had settled all their matrimonial disputes amicably and a joint application was filed to withdraw the instant complaint case by the opposite party no.2 and the applicants herein before the trial court and on the basis of which the instant application was filed seeking quashing of the entire proceedings of the instant case.
8. Vide order dated 06.05.2025, this Court has directed the parties to get the compromise verified through trial court and as per the report received from the trial court, vide order dated 19.05.2025, the compromise has already been verified by the trial court. Since, it was a matrimonial dispute between the parties, which has been amicably settled, therefore, nothing survives in the matter and no fruitful purpose will be served by keeping the instant proceedings pending against the applicants herein.
9. In view thereof, the instant application is allowed in terms of the compromise between the parties and proceedings of order summoning order dated 24.10.2016 as well as entire proceedings of Complaint Case No. 797 of 2016 (Seema Gond Vs. Pappu Gond and Others) under Sections 498-A, 323, 504 and 506 I.P.C., Police Station- Sadat, District- Ghazipur, pending in the court of learned Judicial Magistrate, Saidpur, Ghazipur, are hereby quashed.
Order Date :- 21.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad