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2025 DAILYLAW 41421 (ALL)

SMT. RADHA GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/33289/2019 · 2025-03-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33386 Court No. - 78 Case :- APPLICATION U/S 482 No. - 33289 of 2019 Applicant :- Smt. Radha Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.,Rishabh Agarwal Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Lalit Kumar Srivastava, learned counsel for the applicants and Sri Bade Lal Bind, learned counsel for the State and perused the record. Sri Rishabh Agarwal, learned counsel for the opposite party no.2 is not present even when the matter is taken in the revised list. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Smt. Radha Gupta, Dev Prakash Gupta and Sanjay Mairothiya, with the prayer to allow this application and quash the entire proceeding as well as order dated 29.04.2019 & summoning order dated 04.01.2018 in Complaint Case No. 136 of 2017 (Smt. Rajni Vs. Sanjay Mairothiya & others), under Sections 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Firozabad, pending before the Additional Chief Judicial Magistrate, Firozabad, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application. 4. At the very outset, learned counsel for the applicants submits that the applicant no.1- Smt. Radha Gupta / mother-in-law and the applicant no.2- Dev Prakash Gupta / father-in-law of the opposite party no.2 have died and as such the present application u/s 482 Cr.P.C. be dismissed as not pressed in so far as they are concerned. 5. Prayer is allowed. 6. The present application u/s 482 Cr.P.C. is dismissed as not pressed in so far as the applicant no.1- Smt. Radha Gupta and the applicant no.2- Dev Prakash Gupta are concerned. 7. The present application thus survives only for the applicant no.3- Sanjay Mairothiya, with the aforesaid prayer. 8. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 12.12.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 21.01.2025, the copy of which is annexed as Annexure-SA-1 to the supplementary affidavit dated 17.02.2025. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicant no.3 and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 9. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 10. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (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; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 11. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings of case as prayed for by the applicant no.3. 12. The present application is allowed. 13. The entire proceedings of the said case are hereby quashed. Order Date :- 7.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad