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2019 DIGILAW 230 (SC)

Anand Prakash Pilania v. State Of Uttar Pradesh

2019-01-18

MOHAN M.SHANTANAGOUDAR, N.V.RAMANA, SANJAY KISHAN KAUL

body2019
ORDER 1. Leave granted. 2. This appeal by special leave is directed against the judgment and order dated 10.11.2017 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No. 37511 of 2017 by which the High Court dismissed the application preferred by the appellants herein by refusing to quash the order summoning the appellants for the offences alleged under Sections 498A, 323, 504, 377/109 of the India Penal Code (in short 'the IPC') and Sections 3 / 4 of the Dowry Prohibition Act. 3. This Court, on 03.04.2018, issued notice in this matter. When the matter came up for hearing on 30.11.2018, it was represented by the learned counsels for the parties that the parties are discussing about settling the matter. Therefore, they sought some time. On 07.01.2019, learned counsels for the parties represented that the settlement has taken place between the parties and they are moving an application seeking quashing of pending criminal cases filed by them against each other. 4. We have heard the learned counsels for the parties and perused the application for directions - Criminal Miscellaneous Petition No. 5408 of 2019 filed by the learned counsel for the appellants, seeking direction to quash the pending cases listed in paragraph 4 of the application, in terms of the settlement arrived at between the parties on 05.01.2019. 5. We have also perused the reply to the application for direction on behalf of respondent no. 2. It has been mentioned in the reply that respondent no. 2 has no objection to the quashing of the four cases pending before different Courts. 6. In view of the no objection expressed by respondent no. 2, and taking into consideration the facts and circumstances of the matrimonial dispute, we quash the four cases mentioned in paragraph 4 of the application, listed as under :- a) Miscellaneous Criminal Case No. 98 of 2016 pending for remaining evidence in the Court of learned CJM, Hapur (Uttar Pradesh) under Sections 498A, 323, 504, 377/109 IPC and Sections 3 and 4 of Dowry Prohibition Act arising out of FIR No. 517 of 2015 (Case Crime No. 0855 of 2015) dated 06.10.2015, lodged by the Second Party against the First Party. b) Criminal Complaint Case No. 873 of 2016 under Section 406 IPC pending in the Court of the learned CJM, Hapur (Uttar Pradesh), lodged by the Second Party against the First Party. b) Criminal Complaint Case No. 873 of 2016 under Section 406 IPC pending in the Court of the learned CJM, Hapur (Uttar Pradesh), lodged by the Second Party against the First Party. c) Criminal Complaint Case No. 76 of 2016 under Section 12 of the Protection of Women from Domestic Violence Act 2005 pending in the Court of learned CJM, Hapur (Uttar Pradesh), lodged by the Second Party against the First Party. d) Criminal Case No. SC/255/2017 pending in the Court of the learned District & Sessions Judge, Gurugram (Haryana) under Section 306 IPC arising out of charge sheet in FIR No. 679 of 2015 dated 06.10.2015, lodged by the First Party against the Second Party and Smt. Sudha Gupta w/o Shri Sudhir Gupta and Shri Shubham Gupta s/o Shri Sudhir Gupta. 7. Application for directions is, accordingly, allowed. 8. The appeal stands disposed of in terms of the settlement arrived at between the parties. The parties will remain bound by the terms of their settlement. 9. Settlement Deed dated 05.01.2019 be taken on record and be made part of this order.