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Shadab Khan And Another vs State Of Up And Another on 7 March, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- APPLICATION U/S 482 No. – 8828 of 2019

Applicant :- Shadab Khan And Another

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Shashi Ranjan Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Virendra Pratap Singh, learned counsel filed Vakalatnama on behalf of opposite party no. 2, is taken on record.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

The present application U/S 482 Cr.P.C. has been filed for quashing the entire proceeding in Case No. 2302948 of 2018 (State Vs. Shadab Khan) under section 498A, 323 IPC and 3/4 D.P. Act, P.S. Shahpur, District Gorakhpur as well as charge-sheet no. 1 of 2017 dated 11.5.2017 in Case Crime No. 0781 of 2016, under section 498A, 323 IPC and 3/4 D.P. Act, P.S. Shahpur, District Gorakhpur.

Learned counsel for the applicants contend that the matter has been compromised between the parties and compromise deed dated 17.1.2019 has been filed as Annexure-3 to the affidavit accompanying the 482 Cr.P.C. application. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicants has placed reliance on the judgement of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicants in the present case is allowed to go on as no grievance is left to the opp. party no.2, therefore, the present case be finally decided.

Learned counsel for the opposite party no.2 also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.

In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter relates to the matrimonial dispute, which has been mutually settled between the parties, in view of the compromise dated 17.1.2019, therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon’ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana, Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 7.3.2019

Masarrat

 

 

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