Court No. - 72
Case :- APPLICATION U/S 482 No. - 9836 of 2017 Applicant :- Abhishek Singh Chaudhary Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Atul Srivastava Counsel for Opposite Party :- G.A.,Ashish Srivastava
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Atul Srivastava, learned counsel for the applicant, Sri Ashish Srivastava, learned counsel for the opposite party no.2 and learned AGA for the State.
3. The present 482 Cr.P.C., application has been filed for quashing the proceedings of Case Crime No.12 of 2014 (State Vs. Abhishek Chaudhary), under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Budh Nagar pending in the Court of Judicial Magistrate, Gautam Budh Nagar as well as to quash the impugned charge sheet No. 35 of 2014 dated 02.04.2014.
4. Learned counsel for the applicant submits that the real dispute between the parties was a matrimonial discord between the applicant and the opposite party no.2. It had given rise to the present criminal prosecution arising from the misunderstandings and misgivings that were existed. However at the stage of filing of present application, a joint petition had been filed by the parties to dissolve their marriage. Considering the same, interim order was granted in favour of the applicant.
5. During pendency of the present application, marriage between the parties was dissolved by the Principal Judge, Family Court, Gautam Buddh Nagar vide order dated 08.07.2017. A certified copy of the same has been brought on record by means of supplementary affidavit filed today. Perusal of the same reveals that all dispute between the parties stand resolved and there is no further amount of money being claimed by the opposite party no.2 from the present applicant. The above position of fact is admitted as correct by learned counsel for the opposite party no.2.
6. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case against the applicant is hereby quashed.
8. The present application is accordingly allowed and the proceedings against the applicant in the aforesaid case is hereby quashed.
Order Date :- 30.5.2019 S.Chaurasia