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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 13848 of 2020 Court No. - 92 HON'BLE ANISH KUMAR GUPTA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Jagdish Prasad Mishra, learned counsel for the applicants, Sri Rajesh Kumar Tiwari, learned counsel for opposite party no.2 and Sri Vijay Kumar Mishra, learned AGA for the State. 3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet no. A-587 of 2018 dated 12.8.2018, cognizance/summoning order dated 13.12.2018 as well as entire criminal proceeding of Case No. 4057 of 2018(State vs. Shokeen and others) arising out of Case Crime No.566 of 2018, under Section 498-A, 323, 504 IPC, Police Station Deoband, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate, Deoband, Saharanpur. 4. Learned counsel for the applicants submits that the instant case has arisen out of matrimonial dispute between applicant No.1 and opposite party No.2. During pendency of dispute, parties have settled their dispute amicably and a compromise dated 29.7.2020 was executed between the parties. According to compromise, parties had obtained divorce and in settlement with opposite party no.2, the applicants have paid a sum of Rs.3,00,000/- to the opposite party No.2. Upon receipt of said amount, it was agreed between them that she will not prosecute any further case against the applicants including the instant case. On the basis of aforesaid compromise, the instant application under Section 482 Cr.P.C. was filed by the applicants seeking quashing of entire proceedings. 5. Vide order dated 21.2.2020, this Court had directed the parties to appear Versus Counsel for Applicant(s) : Jagdish Prasad Mishra Counsel for Opposite Party(s) : G.A, Rajesh Kumar Tiwari Shokeen And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
before the trial court for verification of the compromise. Learned counsel for the applicants has produced a certified copy of the order dated 10.11.2020 alongwith supplementary affidavit, according to which, compromise between the parties was duly verified in presence of the parties. 6. In view of the aforesaid settlement, which has been duly verified, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case. 7. Learned counsel for opposite party No.2 does not dispute the aforesaid factum of compromise, settlement of her case and receipt of the amount as per compromise.
He further supports the prayer for quashing of the entire proceedings against the applicants. 8. Learned AGA does not oppose the prayer for quashing of entire proceedings of the instant case looking into the nature of matrimonial dispute between the parties and settlement thereof. 9. Having heard the aforesaid submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is evident that there was matrimonial dispute between the parties. The parties have settled their dispute amicably and a compromise was entered into between the parties, which has been duly verified by the trial court in pursuance of the earlier order of this Court. The opposite party No.2 has also received aforesaid amount from the applicants as per compromise. With the aforesaid settlement, no fruitful purpose will be served in continuance of the aforesaid criminal proceedings against the applicants. 10. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 11. In view thereof, the instant application is accordingly allowed and the proceedings of Case No. 4057 of 2018(State vs. Shokeen and others) arising out of Case Crime No.566 of 2018, under Section 498-A, 323, 504 IPC, Police Station Deoband, District Saharanpur, pending in the court of A482 No. 13848 of 2020 2
Additional Chief Judicial Magistrate, Deoband, Saharanpur are hereby quashed. October 6, 2025 P.P. A482 No. 13848 of 2020 3 (Anish Kumar Gupta,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad