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Asit Chakravarty And Anr. vs The State Of U.P And Anr. on 23 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 3599 of 2015

Applicant :- Asit Chakravarty And Anr.

Opposite Party :- The State Of U.P And Anr.

Counsel for Applicant :- S.N Pandey

Counsel for Opposite Party :- Govt. Advocate,Ashish Kumar Singh

Hon’ble Dinesh Kumar Singh,J.

1. The petition has been filed to quash the entire proceedings of impugned Charge-sheet No.221 of 1998 filed in Case Crime No.285 of 1998, under Sections 498A, Section323, Section504, Section506, Section427 IPC, Police Station Talkatora, District Lucknow in Case No.465 of 2009 pending before the Court of Additional Chief Judicial Magistrate-VII, District Lucknow.

2. Learned counsel for the parties submit that there is a matrimonial dispute between the parties and they have settled their dispute amicably outside the Court and they have arrived at the compromise. The petitioners and respondent No.2 had filed a compromise deed which is taken on record as Annexure-4 to the petition and they have confirmed the terms of the compromise.

3. I have considered the submissions of learned counsel for the parties.

4. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

5. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of Charge-sheet No.221 of 1998 filed in Case Crime No.285 of 1998, under Sections 498A, Section323, Section504, Section506, Section427 IPC, Police Station Talkatora, District Lucknow in Case No.465 of 2009 pending before the Court of Additional Chief Judicial Magistrate-VII, District Lucknow are quashed.

Order Date :- 23.9.2019

prateek

 

 

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