Court No. - 64
Case :- APPLICATION U/S 482 No. - 21860 of 2019 Applicant :- Abhishek Tyagi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Vakalatnama filed by Sri J.B. Singh, Advocate on behalf of opposite party no.2 is accepted and taken on record.
Heard learned counsel for the applicants, Sri J.B. Singh, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 623 of 2015, S.T. No. 70 of 2018 (Smt. Priya Tyagi vs. Abhishek Tyagi and others), under Sections 498A, 307, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Babugarh, District Hapur.
Joint submission is that in this case after this case was instituted by way of complaint by opposite party no.2 in 2015, some divorce petition under Section-13-B of the Hindu Marriage Act, 1955 was also moved jointly by both the applicant no.1 and opposite party no.2, wherein a worthy compromise was reached inter-alia along with terms that both the parties will restrain from proceeding against each other in respect of their claim as such and the attention of this Court was engaged to paragraph no. 4(IV) of page no.27 of the terms of compromise, wherein, specification has been made regarding the submission so raised before this Court. This compromise was reached between the parties on 05.12.2018. Copy of the compromise deed as in the aforesaid 13 B Divorce petition is Case No. 662 of 2018, before the Principal Judge, Family Court, Hapur.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and submissions made by the learned counsel for O.P. No. 2, it appears that the parties have settled their dispute and O.P. No. 2 does not want to prosecute the applicants, in such a circumstances there is no likelihood of conviction of the applicants, in case they are tried by the trial court, the trial of the applicants shall be a futile exercise, it shall not serve any purpose and there would be no chance of conviction. In such circumstances the Supreme Court's decision in the case of B.S. Joshi and another Versus State of Haryana and another (2003) (4) S.C.C. 675.
The view taken by the Hon'ble Supreme Court in the above mentioned case, is applicable in this case also. Therefore, to meet the ends of justice the proceedings of Complaint Case No. 623 of 2015, S.T. No. 70 of 2018 (Smt. Priya Tyagi vs. Abhishek Tyagi and others), under Sections 498A, 307, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Babugarh, District Hapur are hereby quashed.
Accordingly this application is allowed. Order Date :- 31.5.2019 S Rawat