This Court quashed criminal proceedings under Sections 498A, 323, 504, 506, 494 IPC and 3/4 D.P. Act pending against Yash Gupta and others upon verification of a voluntary compromise deed filed by the parties before the trial court.
Quashing of the entire proceedings in Complaint Case No.1900 of 2021 under the specified sections.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 30744 of 2022
Applicant :- Yash Gupta And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bheshaj Puri Counsel for Opposite Party :- G.A.,Sarvesh Pandey
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Bheshaj Puri, learned counsel for the applicants, learned A.G.A. for the State, Sri Sarvesh Pandey, learned counsel for opposite party no. 2 and perused the material available on record.
The instant application has been moved on behalf of the applicants to quash the proceedings of summoning order dated 16.12.2021 passed by Civil Judge (Junior Division), Tilhar, Shahjahanpur in Complaint Case No.1900 of 2021, under Sections 498A, 323, 504 506 494 IPC and 3/4 D.P. Act, Police Station- Tilhar, District- Shahjahanpur, pending in the court of Civil Judge (Junior Division)/J.M., Tilhar, DistrictShahjahanpur on the basis of compromise executed between the parties. .
The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the Court below. Thereafter, this Court, vide order 13.10.2022, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.
Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 07.11.2022, kept on record of this
case.
In the present case, the sections involved are Sections 498A, 323, 504 506 494 IPC and 3/4 D.P. Act.
In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 07.11.2022 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.
Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.
Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of Complaint Case No.1900 of 2021, under Sections 498A, 323, 504 506 494 IPC and 3/4 D.P. Act, Police Station- Tilhar, District- Shahjahanpur, pending in the court of Civil Judge (Junior Division)/J.M., Tilhar, DistrictShahjahanpur are hereby quashed.
Accordingly, the instant petition is allowed .
Order Date :- 7.2.2023 Krishna*
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal proceedings can be quashed upon the execution of a voluntary compromise deed
Whether the dispute has been settled amicably by the parties
Colour shows how this judgement treated each authority
Yash Gupta And 4 Others
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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