NAND HOSILA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/26859/2017 · 2025-08-20
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14182 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14182 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144029 HIGH COURT OF JUDICATURE AT ALLAHABAD ********* (Sl. No. 450) Court No. - 78 Case :- APPLICATION U/S 482 No. - 26859 of 2017 Applicant :- Nand Hosila And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Tripathi,Kamlesh Kumar Singh,Shailendra Kumar Singh Counsel for Opposite Party :- G.A.,Madhavendra Singh,Ram Sagar Hon'ble Anish Kumar Gupta,J.
1. Supplementary affidavit filed by learned counsel for the applicant, today in the Court, which is taken on record. 2. Heard Sri Utkarsh Tripathi, learned counsel for the applicants, Sri Ram Sagar, learned counsel for the opposite party no. 2 and Sri Vijay, learned A.G.A. for the State. 3. This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 07.11.2015 passed by Judicial Magistrate-II, Gorakhpur and non-bailable warrant dated 12.09.2016 as well as entire proceedings of Complaint Case No. 1481 of 2015 (Tara Devi Vs. Nand Hosila and Another), under section 494, 498-A, 323, 504, 506 I.P.C., Police Station-Khajani, District Gorakhpur. 4. It is submitted by learned counsel for the applicant that dispute between the parties was a matrimonial in nature of which the instant complaint case was lodged by the opposite party no. 2 against the applicant herein. During the pendency of the instant application before this Court, the parties have settled all the matrimonial dispute amicably and compromise was executed between the parties on 23.12.2024, which was placed on record before the trial court concerned and certified copy of the same has been placed on record as Annexre No. SA-1 to the supplementary affidavit dated 30.03.2025. 5. Vide order dated 09.07.2025, this Court has directed to the parties to appear before the court concerned for verification of compromise. 6. Pursuant to the aforesaid order, parties have appeared before the trial court concerned on 30.07.2025 and on such appearance of the parties the trial court have verified the compromise arrived at between the parties. In view thereof, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case. 7. Learned counsel for the opposite party no. 2 also admits the aforesaid facts and supports the prayer of the applicants with regard to the quashing of the entire proceedings against them. 8.
Looking at the nature of dispute and its settlement, learned A.G.A. do not oppose the prayer for quashing of the proceedings on the basis of the compromise arrived at between the parties. 9. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that there was a matrimonial dispute between the parties. With regard to the same, a complaint was lodged by the opposite party no. 2. During pendency of the instant case, the parties have amicably settled the dispute and compromise was executed, which has been duly verified by the trial court pursuant to the order dated 09.07.2025 passed by this Court. 10. In view of the settlement of disputes between the parties, no fruitful purpose would be served by keeping the criminal proceedings of the instant case pending against the applicants. 11. Since the instant dispute was a matrimonial dispute between the parites, which has been amicably settled between the parties and a compromise was executed, which has been duly verified by the trial court concerned in presence of the parties, in view thereof, the instant application is allowed 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 and the entire proceedings of Complaint Case No. 1481 of 2015 (Tara Devi Vs. Nand Hosila and Another), the entire proceedings of
Complaint Case No. 1481 of 2015 (Tara Devi Vs. Nand Hosila and Another), under section 494, 498-A, 323, 504, 506 I.P.C., Police Station-Khajani, District Gorakhpur, order dated 07.11.2015 passed by Judicial Magistrate-II, Gorakhpur and non-bailable warrant dated 12.09.2016, are hereby quashed.
Order Date :- 21.8.2025 Vibha Singh (Anish Kumar Gupta,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad