Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Amit Sharma v. State Of U.p. And Another

Amit Sharma v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 19083 of 2023 | 03-08-2023

Neeraj Tiwari, J.

1. Short counter affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Anjani Kumar Shahwal, learned counsel for the opposite party No. 2.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15.06.2009 as well as entire proceeding of Case No. 2005 of 2009(State Vs. Amit Sharma), arising out of Case Crime No. 283 of 2009, under Sections- 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Kotwali, District- Hathras, pending in the court of learned Chief Judicial Magistrate, Hathras.

4. Learned counsel for the applicant submitted that present case is arising out of a matrimonial dispute and now the parties have arrived at a compromise, therefore, in light of the compromise between the parties, criminal proceeding against the applicant may be quashed.

5. Learned counsel for the opposite party No. 2 has filed counter affidavit, in which he has not objected the aforesaid facts and submitted that in case proceedings is quashed, he would have no objection.

6. In view of the facts and circumstances of the case, the applicant 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.

7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.

8. The present application is, accordingly allowed.

9. No order as to costs.

Advocate List
  • Namit Kumar Sharma,Ajeet Kumar Chaurasiya

  • G.A.,Anjani Kumar Shahwal

Bench
  • Hon'ble Justice Neeraj Tiwari
Eq Citations
  • 2023/AHC/156079
  • LQ/AllHC/2023/5404
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of proceedings — Arising out of matrimonial dispute — Compromise between parties — Matter mutually settled — No useful purpose would be served in proceeding with matter further — Proceedings quashed — Evidence Act, 1872 — S. 31 — Criminal Trial — Compromise between parties