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2025 DAILYLAW 47649 (ALL)

AMIT KHANNA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/11156/2024 · 2025-01-10

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5309 Court No. - 73 Case :- APPLICATION U/S 482 No. - 11156 of 2024 Applicant :- Amit Khanna And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Usha Devi Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 /complainant and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 22.01.2024, of complaint case No. 93012 of 2023 (Smt. Monika Khanna Vs. Amit Khanna and others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Govind Nagar, District Kanpur Nagar, pending in the court of Metropolitan Magistrate, Room No.4, Kanpur Nagar, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that essentially the matter relates to matrimonial dispute, which is private in nature. Earlier the matter was referred for mediation vide order dated 18.04.2021 and during mediation both the parties have amicably settled the dispute and compromised the matter. Now the opposite party no.2/complainant does not want to pursue the impugned proceedings and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 /complainant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. 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. During mediation proceedings, both the parties have amicably settled the dispute and to withdraw cases lodged against each other. Now, the opposite party no.2/complainant does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings, including summoning order of the aforesaid complaint case, against applicants, namely, Amit Khanna, Urmila Khanna, Sanjeev Khanna & Ekta Khanna are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 10.1.2025 SP/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad