SMT. ANITA GARG AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/26132/2016 · 2025-03-23
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13683 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13683 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43584 Court No. - 74 Case :- APPLICATION U/S 482 No. - 26132 of 2016 Applicant :- Smt. Anita Garg And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Navin Kumar Sharma Hon'ble Saurabh Srivastava,J.
1. Heard Mr. Sushil Kumar Pandey, learned counsel for applicants and as well as learned AGA. 2. The present application has been filed to quash chargesheet dated 04.05.2016 and order of cognizance dated 31.05.2016 as well as entire criminal proceedings of Case No.6286/9 (State Vs. Ankit Garg and others), arising out of Case Crime No.187 of 2015, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Meerut, pending in the court of learned CJM, Meerut. 3. At the very outset, learned counsel for applicants submitted that compromise has already been preferred and the same has also been verified by learned court concerned on dated 30.04.2024 which has been appended with this petition. 4. The parties have amicably settled their dispute and fact of compromise has been confirmed through verification dated 30.04.2024 and there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of the compromise. 5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed in para 58 of the said judgment that 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. 6. In the case of Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, [(1988) 1 SCC 692], Hon'ble the Apex Court has also observed that where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider
"special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. 7.
Keeping in mind the position of law and facts, circumstances of the case, chargesheet dated 04.05.2016 and order of cognizance dated 31.05.2016 as well as entire criminal proceedings of Case No.6286/9 (State Vs. Ankit Garg and others), arising out of Case Crime No.187 of 2015, under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Meerut, pending in the court of learned CJM, Meerut, are hereby quashed. 8. Accordingly, the present application stands allowed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, respondent no. 2 feels that she has been duped or betrayed, then in that event, she may file recall application explaining the reasons for filing the said application. 10. The parties may file the copy of this order before the court concerned within two weeks from today. Order Date :- 24.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad