DR. SHEKHAR SAINI AND 8 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12166/2025 · 2025-05-13
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36883 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36883 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79476 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12166 of 2025 Applicant :- Dr. Shekhar Saini And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.,Puneet Srivastava Hon'ble Raj Beer Singh,J.
1. Counter affidavit filed by learned counsel for the complainant / opposite party no.2, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the complainant / opposite party no.2, learned A.G.A. for the State and perused the record. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been preferred for quashing of the entire proceedings of Complaint Case No. 299 of 2023 (Chanchal Saini Vs. Dr. Shekhar Saini and Others), under Sections - 498-A, 323, 504, 506 I.P.C., Police Station - Banna Devi, District - Aligarh, pending in the court of Judicial Magistrate / Additional Civil Judge (J.D.), Fast Track Court No.2, Aligarh, on the basis of compromise arrived at between the parties. 4. It is submitted by learned counsel for the applicants that matter pertains to matrimonial dispute and both the parties have amicably settled the same and compromised the matter. Both the parties have already filed a petition under Section - 13-B Hindu Marriage Act for grant of divorce on the basis of mutual consent. The complainant / opposite party no.2 does not want to pursue the impugned proceedings against applicants. The opposite party no.2 / complainant has already filed a counter affidavit, wherein it has been stated that she does not want to proceed with the impugned proceedings. Referring to facts of the matter, it was submitted that no useful purpose would be served by keeping the impugned proceedings pending and thus, the same may be quashed on the basis of compromise between the parties. 5. Learned counsel for the opposite party no.2 / complainant has also concurred with the arguments raised on behalf of the applicants and submitted that both the parties have compromised the matter and now the complainant does not want to pursue the impugned proceedings and the same may be quashed on the basis of compromise arrived at between the parties.
It was further submitted that complainant has already submitted counter affidavit before this Court to the effect that parties have compromised the matter and impugned proceedings may be quashed. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. Both the parties have already filed a petition under Section - 13-B Hindu Marriage Act for grant of divorce on the basis of mutual consent. The complainant has submitted an affidavit before this Court stating that she does not want to proceed with the impugned case against applicants. Considering submissions of learned counsel for the parties and facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 9. In view of the aforesaid, entire impugned proceedings of the aforesaid complaint case, against applicants, namely, Dr. Shekhar Saini, Dr. Rambabu Saini, Kamla Saini, Shivani Saini, Mahesh Saini, Sheetal Saini, Piyush Saini, Haribabu Saini and Bala Saini are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed. Order Date :- 14.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad