Court No. - 66
Case :- APPLICATION U/S 482 No. - 49997 of 2014
Applicant :- Ajay Kashyap And 3 Ors. Opposite Party :- State of U.P. and Another Counsel for Applicant :- C.P. Tiwari
Counsel for Opposite Party :- Govt.Advocate,Ashish Pandey,Ram Raksha Tiwari,Ramanuj Yadav,Sanjai Kumar Pandey
Hon'ble Rajul Bhargava,J.
Heard Sri C.P. Tiwari, learned counsel for the applicants, Sri Sanjai Kumar Pandey, learned counsel for opposite party no.2 as well as learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet dated 21.10.2014 in Case Crime No.08 of 2014 (State vs. Ajay Kashyap and others), under Sections 498-A, 506-B, 34 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Mahoba, pending before the Chief Judicial Magistrate, Mahoba as well as all its consequential proceedings.
Learned counsel for the applicants has submitted that essentially the dispute between the parties is a matrimonial one. It is stated that during pendency of the present application, the parties have settled all their disputes and differences and entered into compromise and a suit under Section 13-B of Hindu Marriage Act has also been filed with mutual consent which is yet to be decided. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
Learned counsel for opposite party no.2 has submitted that he has filed counter affidavit on behalf of opposite party no.2 stating therein that since both the parties have settled all their disputes amicably and opposite party no.2 does not want to prosecute the applicants any more and has no objection, if the impugned charge-sheet and all its consequential proceedings in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averments made in the first information report which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the impugned charge-sheet dated 21.10.2014 and all its consequential proceedings in the aforesaid case are hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
Order Date :- 27.11.2019 Vikas