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Shyam Singh And 3 Others vs State Of U.P. And Another on 26 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 77

Case :- APPLICATION U/S 482 No. – 32586 of 2016

Applicant :- Shyam Singh And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Devashish Mitra

Counsel for Opposite Party :- G.A.,Pradeep Kumar Shukla,Yogendra Arya

Hon’ble Ram Krishna Gautam,J.

The applicants Shyam Singh, Bholanath, Smt. Chameli and Km. Geeta, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the summoning order dated 27.2.2013 as well as entire proceedings of Complaint Case No. 1646 of 2012, Smt. Archana Vs. Shyam Singh and others, under Sections 498A, Section323, Section506 I.P.C. and 3/ 4 D. P. Act, P.S. Izzatnagar, district Bareilly, pending in court of A.C.J.M. VII, Bareilly.

Heard learned counsel for the applicants, learned counsel for O.P. No. 2 and learned A.G.A. for the State. Perused the records.

Learned counsel for applicants argued that parties have entered into a compromise in this matrimonial dispute, where matter has been resolved and a compromise was filed along with this application, which was sent to the court concerned vide order dated 27.10.2016 for its verification. Certified copy of verification report has been filed along with supplementary affidavit in this application u/s 482 SectionCr.P.C. Hence in view of Hon’ble Supreme Court’s judgment rendered in Gian Singh Versus State of U.P., (2012) 10 SCC 303; B.S. Joshi and others Versus State of Haryana and another, (2003) 4 SCC 675, Madan Mohan Abbot Versus State of Punjab, (2008) 4 SCC 582; and Narinder Singh and others Vs. State of Punjab and another, 2014(6) SCC page 466 the further proceedings of trial is misuse of process of law.

Learned counsel for O.P. No.2 does not dispute the aforesaid settlement agreement between the parties.

Learned A.G.A. has also conceded the above argument as the parties have entered into a compromise and the same has been duly verified by the trial court.

Hence, in view of law propounded by Hon’ble Apex court in Gian Singh Versus State of U.P., (2012) 10 SCC 303; B.S. Joshi and others Versus State of Haryana and another, (2003) 4 SCC 675, Madan Mohan Abbot Versus State of Punjab, (2008) 4 SCC 582; and Narinder Singh and others Vs. State of Punjab and another, 2014(6) SCC page 466 the proceeding in above trial is misuse of process of court.

Keeping in view the fact that the parties have put to an end their all disputes by means of settlement, the continuance of criminal proceedings between them is nothing but an exercise in futile.

In view of the above, application is allowed and the proceedings of the above mentioned case are hereby quashed.

Order Date :- 26.11.2019

Pcl

 

 

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