Neutral Citation No. - 2025:AHC:59134 Court No. - 52 Case :- APPLICATION U/S 482 No. - 9675 of 2021 Applicant :- Sunil Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Rajeev Kumar Saxena, learned counsel for the applicants, Sri Mayank Awasthi and Sri P.K. Singh, learned Brief Holders for the State and perused the records. This application under Section 482 Cr.P.C. has been filed by the applicants, namely, Sunil Kumar, Smt. Raj Dulari, Raj Kumar and Smt. Meena, challenging the proceedings in Criminal Case No. 588 of 2008, State v. Sunil Kumar & others, arising out of Case Crime No. 35 of 2007, under Sections 363, 366 IPC, Police Station Ajeetmal, District Auraiya. Earlier, on 01.04.2025, the following order was passed:- "Learned counsel for the applicants submits that applicant no. 1 has married daughter of O.P. No. 2 and they have been blessed with two children. In such circumstances, continuance of proceedings are nothing but an abuse of process of law. He submits that the applicant no. 1 and daughter of O.P. No. 2 are ready to appear before this Court to give statements in that regard. In view of the above, let Sunil Kumar (applicant no. 1) and his wife daughter of O.P. No. 2 be present before this Court on 21.04.2025. Issue notice to O.P. No. 2. List this case on 21.04.2025. Till then, proceedings of Criminal Case No. 588 of 2008, State v. Sunil Kumar & others, arising out of Case Crime No. 35 of 2007, under Sections 363, 366 IPC, P.S. Ajeetmal, District Auraiya, pending in the court of Civil Judge (J.D.)/ F.T.C., Auraiya, shall remain stayed. Learned counsel for the applicants shall ensure presence of the parties on the next date." In compliance of the aforesaid order, applicant - Sunil Kumar, his wife Neetu and two children, namely, Neeshu Bauddh and Aditya Bauddha are present. Mrs. Neetu has stated that she has married Sunil Kumar with her own sweet-will in the year 2007 and out of their wedlock they were blessed with two children, namely, Neeshu Bauddh and Aditya Bauddha. She further stated that the first information report was lodged by her father because he was not happy with her marriage as she had performed love marriage with Sunil Kumar. She further states that she is living happy married life with Sunil Kumar and does not have any grudge with her husband. They have lived years together and the family of Sunil Kumar has accepted their marriage, thus, she does not want any proceedings against her husband or his family. Learned counsel for the applicants submits that on account of the statement of Mrs. Neetu, further proceedings against the applicants may be quashed by this Court. Learned counsel for the State are present, however, despite issuance of notice to O.P. No. 2, no one has put in appearance on his behalf. Learned counsel for the state do not dispute the aforesaid fact and submitted, at the Bar, that they have no objection in quashing the impugned criminal proceedings against the applicants. Before proceeding any further it shall be apt to make a brief reference to the following cases:- 1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675; 2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677; 3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1; 4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303; and 5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278, in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. Considering the facts and circumstances of the case, as noted hereinabove, and also the statement of Mrs. Neetu, continuance of proceedings will ruin happy married life of Sunil Kumar and Neetu and will also affect the career of their children, namely, Neeshu Bauddh and Aditya Bauddha who are studying in Class 10th and 8th standard, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above-mentioned criminal case. Accordingly, the entire proceedings of proceedings in Criminal Case No. 588 of 2008, State v. Sunil Kumar & others, arising out of Case Crime No. 35 of 2007, under Sections 363, 366 IPC, Police Station Ajeetmal, District Auraiya, pending in the Court of Civil Judge (J.D.)/ F.T.C., Auraiya, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. A copy of this order be sent to the lower court forthwith. Order Date :- 21.4.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad