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2025 DAILYLAW 11633 (ALL)

SHALINI PRAJAPATI AND 4 OTHERS v. State of UP AND ANOTHER

A482/2037/2024 · 2025-03-03

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30790 Court No. - 73 Case :- APPLICATION U/S 482 No. - 2037 of 2024 Applicant :- Shalini Prajapati And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.,Ram Chandra Solanki Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2/complainant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 30.06.2022, of Complaint Case No.2 of 2022 (Ajay Kumar Vs. Shalini and others), under Section 323, 506 IPC, P.S. Jaswant Nagar, District Etawah, pending in the court of Additional Chief Judicial Magistrate-IInd, Etawah, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that applicant no.1 is wife of the opposite party no.2/ complainant and applicant no.2 to 5 are her family members. The matter relates to matrimonial dispute and now both the parties have amicably settled the dispute and compromised the case. The opposite party no.2 has filed a short counter affidavit stating that both the parties have settled the dispute 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 has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant/ opposite party no.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. It was pointed out that counter affidavit of opposite party no.2 is already on record, wherein she has stated that the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, it appears that matter relates to matrimonial dispute and it was submitted that both the parties have settled all the disputes. Applicant no.1 is wife of opposite party no.2 and remaining applicants are her family members. It was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The short counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the impugned charge-sheets/cognizance-summoning order and entire proceedings of the aforesaid criminal case against applicants, namely, Shalini Prajapati, Shashikant Prajapati, Shivam Prajapati, Gaurav Prajapati and Krishna Kumar Prajapati are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 4.3.2025 / RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad