Advocates:
['SUDHIR KUMAR SINGH', '', 'MANOJ KUMAR SINGH', 'G A', '', 'MOHD SHAMIM']

Court No. - 93

Case :- APPLICATION U/S 482 No. - 8080 of 2021

Applicant :- Prashant Singh And 5 Others

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

Counsel for Applicant :- Sudhir Kumar Singh,Manoj Kumar

Singh

Counsel for Opposite Party :- G.A.,Mohd. Shamim

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicants, learned counsel for

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

perused the material on record.

The present application under Section 482 of the Code of

Criminal Procedure has been filed for quashing the summoning

order dated 07.06.2018 as well as entire proceedings of Case

No. 903 of 2018 (State Vs. Prashant Singh and others) arising

out of Case Crime No. 104 of 2017, under Sections 498-A, 323,

504, 506, 406 I.P.C. and 3/4 D.P. Act, PS Mahila, District

Gorakhpur, pending in the court of ACJM, Court No.2,

Gorakhpur.

The opposite party no.2 lodged an FIR Case Crime No. 104 of

2017, under Sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4

D.P. Act, PS Mahila, District Gorakhpur against the applicants.

After submission of charge-sheet, learned Magistrate has taken

cognizance.

It is submitted that during the course of proceedings, the parties

have reconciled their differences and the compromise has been

entered between them which has been produced in writing. The

learned counsel for the opposite party no.2 has acknowledged

the aforesaid facts. Vide order dated 25.03.2021 parties were

directed to appear before the court below and permitted to file

an application for verification of the original compromise deed.

In compliance of the aforesaid order, the parties have appeared

before the court below and the court below has verified the

compromise. Vide supplementary affidavit the applicants have

filed a compromise deed and copy of the compromise which

has been verified by the trial court and copy of the order dated

28.09.2021 mentioning the verification as Annexure-2,

supplementry affidavit dated 13.12.2021. Both the parties are

agreed that in terms of the compromise the proceeding of case

be terminated and the entire proceedings be quashed.

Matter is related to matrimonial dispute and both the parties

have entered into amicable settlement. The fact of compromise

has been confirmed and admitted by learned counsels for the

parties.

A three-Judge Bench of the Supreme Court in Gian Singh v.

State of Punjab & another, (2012) 10 SCC 303, has observed

that: (SCC p.340, para 58).

"58. Where the High Court quashes a criminal proceeding

having regard to the fact that the dispute between the offender

and the victim has been settled although the offences are not

compoundable, it does so as in its opinion, continuation of

criminal proceedings will be an exercise in futility and justice in

the case demands that the dispute between the parties is put to

an end and peace is resorted; securing the ends of justice being

the ultimate guiding factor."

Where matters are also of civil nature i.e. matrimonial, family

disputes, etc. the Court may consider "special facts", "special

feature" and quash the criminal proceeding to encourage

genuine settlement of disputes between the parties. [Vide:

Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao

Angre, (1988) 1 SCC 692].

Keeping in mind the position of law and facts, circumstances of

the case, the present application under Section 482 of the Code

stands allowed.

The entire proceedings relating to aforementioned case is

hereby quashed.

The parties may file the copy of this order before the court

concerned within two weeks from today.

The party shall file computer generated copy of such order

download from the official website of High Court Allahabad or

certified copy issued from the Registry of the High Court,

Allahabad.

The concerned Court/Authority/Official shall verify the

authenticity of such computerized copy of the order from the

official website of High Court Allahabad and shall make