Heard learned counsel for the applicants, learned A.G.A. and Sri K.K. Singh, learned counsel for O.P. No. 2.
This application has been filed with a prayer to quash the proceedings of criminal case No. 1338 of 2007 pending in the court learned C.J.M. Lucknow under section 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act.
It is contended by learned counsel for the applicants that on account of the matrimonial dispute the FIR of this case has been lodged in which the chargesheet has been submitted. Now both husband and wife have entered into compromise and have decided to live separately, therefore, the proceeding pending against the applicants may be quashed.
In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for O.P. No. 2 that both the parties shall appear before the court concerned for the same purposes, the court concerned may pass a suitable order.
Considering the facts, circumstances of the case, submissions made by learned counsel for the applicants, learned A.G.A. and learned counsel for the O.P.No. 2 , it is directed that in case applicant No. 1 Abdul Mabood and O.P. No. 2 Smt. Yashmeen Akhtar appear before the court concerned within 30 days from today through their counsel, learned learned Magistrate concerned shall record their statements in this regard, in case the O.P. No. 2 is agreed to drop the proceedings, the learned Magistrate concerned shall drop the proceedings in vies of B.S. Joshi and another Vs. State of Hariyana and another (2003) (4) S.C.C. 675.
With this direction, this application is finally disposed of.
Order Date :- 9.12.2010 RPD