Court No. - 51
Case :- APPLICATION U/S 482 No. - 9747 of 2018
Applicant :- Afzal Khan @Afzal Ahmad And 2 Others
Opposite Party :- State Of Up And Another Counsel for Applicant :- Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.,Dhiraj Singh
Hon'ble Vipin Sinha,J.
A short counter affidavit has been filed on behalf of opposite party no.2 in Court today is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding of case no. 5428/2016, case crime no. 110/2010, under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act, police station Ram Nagar District Varanasi pending before the concerned courts below.
Learned counsel for the applicants has argued that the compromise between the parties has already been filed as Annexure no. 5 to the present petition and as the matter has been compromised, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicants. He further contended opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and the matter is purely of personal nature and family dispute, which has been mutually settled between the parties and also in view of the compromise, no useful purpose would be served in proceeding with the matter further.
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), J.T. and 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed, prayed.
Order Date :- 29.3.2018 Anand