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2025 DAILYLAW 86442 (ALL)

SANGITA DEVI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/26698/2024 · 2025-05-25

Deepak Verma

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Judgment text

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Neutral Citation No. - 2025:AHC:89489 Court No. - 84 Case :- APPLICATION U/S 482 No. - 26698 of 2024 Applicant :- Sangita Devi And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned counsel for the opposite party no. 2; learned A.G.A. for the State and perused the material brought on record. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of the Charge Sheet dated 07.02.2024 in Case No. 1018/16 of 2024 (State Vs. Sangeeta Devi and Others), arising out of Case Crime No.230 of 2023, under section-406 I.P.C., Police Station Pailani, District- Banda, pending before the Court of Additional Chief Judicial Magistrate-I Banda, on the basis of compromise between the parties. 3. Learned counsel for the applicants submits that present dispute arises out of matrimonial discord between the applicants and the opposite party no. 2 and both the parties have amicably settled the dispute out of the court. On account of compromise dated 28.08.2024 (Annexure-S.A.-1), the Co-ordinate Bench of this Court vide order dated 04.09.2024 directed the parties to appear before the court below and file the compromise entered between them. 4. Pursuant to the said order dated 04.09.2024, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 13.09.2024 has passed the verification report. A copy of the same is annexed with the application. Thereafter, a report has been submitted by the First Additional Chief Judicial Magistrate, Banda, through letter dated 13.09.2024. The same is also taken on record. 5. Learned counsel for the applicants has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 7. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Case No.1018/16 of 2024 (State Vs. Sangeeta Devi and Others), arising out of Case Crime No.230 of 2023, under section-406 I.P.C., Police Station Pailani, District- Banda, is hereby quashed. 9. The application under Section 482 CrPC is accordingly allowed. Order Date :- 26.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad