Sandeep Singh And Another vs State Of U.P. And Another

Rajiv Gupta, J

Heard learned counsel for the applicants, learned AGA for the State, Shri Chandra Pal Singh, learned counsel for the opposite party no. 2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the cognizance/ summoning order dated 24.12.2020 passed by Chief Judicial Magistrate, Jalaun at Orai as well as entire proceedings of Case No. 3764 of 2020 (State Vs. Sandeep Singh and others), arising out of Case Crime No. 732 of 2020, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Orai, District Jalaun.

Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and daughter-in-law of applicant no.2. On account of matrimonial discord, present criminal case was instituted against the applicants, however subsequently, with the intervention of the respected members of both the families, parties have amicably settled all their disputes and differences and decided to live separately.

Learned counsel for the applicants has next submitted that a settlement agreement has been drawn between the parties, copy of which has been annexed as Annexure No. 5 to the present application.

Pursuant to the order dated 19.09.2022 passed by this Court, the parties were directed to appear before the court below for verification of the compromise. Consequent to the said order, they have appeared before the court below and compromise has been verified by the competent court on 14.10.2022.

Learned counsel for the applicants has next submitted that in terms of the compromise deed, a sum of Rs.4,40,000/- has already been paid to opposite party no.2 by the applicant in lieu of all her claims and dues and now, nothing remains to be paid, as such, entire proceedings be quashed.

Learned counsel for the opposite party no.2 has also made a statement at the bar that with the intervention of respected members of both the families, parties have amicably settled all their disputes and differences and decided to live separately and opposite party no.2 has received a sum of Rs.4,40,000/- in lieu of all her claims and dues and now, she does not want to further pursue the criminal proceedings against the applicants and also, she is no objection, if the entire criminal proceedings be quashed.

This Court is not unmindful of the judgements of the Apex Court in the cases of:-

B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which law expounded by the Apex court in the aforesaid cases has been explained in detail.

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

Accordingly, entire proceedings of Case No. 3764 of 2020 (State Vs. Sandeep Singh and others), arising out of Case Crime No. 732 of 2020, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Orai, District Jalaun, pending in the court of Chief Judicial Magistrate, Jalaun at Orai, are hereby quashed.

This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.