SMT. RAMA DEVI @ CHHUTKI AND 3 OTHERS v. State of UP AND ANOTHER
A482/23080/2024 · 2025-07-20
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77316 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77316 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:118753 Court No. - 78 Case :- APPLICATION U/S 482 No. - 23080 of 2024 Applicant :- Smt. Rama Devi @ Chhutki And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Rachana Singh Counsel for Opposite Party :- G.A.,Hari Nath Chaubey Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Babu Lal Ram, learned counsel for the applicants, Sri Hari Nath Chaubey and Sri S. K. Ojha, learned AGA appearing for the State. 2. The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the entire proceeding of complaint/Session Case No.698 of 2024 (Vinod Vs. Bihari Lal), under section 392 IPC, Police Station Rajpur, District Kanpur Dehat, pending in the court of Additional District and Session Judge, Court No.3/Special Judge (D.A.A.), Kanpur Dehat and also be pleased to quash the summoning order dated 31.05.2024 passed by Additional District and Sessions Judge, Court No.3/Special Judge (D.A.A.), Kanpur Dehat. 3. Learned counsel for the applicants submits that during the pendency of the instant application the parties have settled their dispute amicably and a compromise dated 02.07.2025 was filed by the opposite party no.2 by way of supplementary affidavit dated
02.07.2025. 4. This Court vide order dated 10.04.2025 directed the parties to appear before the trial court for the verification of compromise. As per the report received from the 3rd Additional District and Session
Judge/Special Judge(D.A.A.), Kanpur Dehat dated 23.05.2025, the parties have appeared before the trial court and in there presence the compromise dated 22.04.2025 was duly verified by the court below on 23.05.2025. 5. Learned counsel for the applicant further submits that since it was a matrimonial dispute between the applicant no.1 and opposite party no.2, which has been duly settled between the parties, in view thereof, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case on the basis of the compromise entered into between the parties. 6. Learned counsel for the opposite party no.2 does not dispute the aforesaid facts i.e. execution of compromise as well as the verification thereof by the court below and settlement of entire matrimonial dispute between the parties. 7.
In view of the aforesaid facts and circumstances of the case as the entire dispute between the parties had arisen due to matrimonial discord between the applicant no.1 and the opposite party no.2, who are the husband and wife respectively and the parties have settled all their disputes amicably. 8. 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. 9. In view thereof, the instant application is accordingly allowed
and the proceedings of complaint/Session Case No.698 of 2024 (Vinod Vs. Bihari Lal), under section 392 IPC, Police Station Rajpur, District Kanpur Dehat as well as summoning order dated 31.05.2024 passed by Additional District and Sessions Judge, Court No.3/Special Judge (D.A.A.), Kanpur Dehat are hereby quashed. Order Date :- 21.7.2025 VKG (Anish Kumar Gupta,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad