Court No. - 73
Case :- APPLICATION U/S 482 No. - 37637 of 2013 Applicant :- Ajeet Singh And 4 Ors.
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Shankar Mishra,Manoj Kumar Dubey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Vakalatnama as well as counter affidavit filed today by Sri Yogesh Kumar Mishra, Advocate, on behalf of opposite party no. 2 be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Yogesh Kumar Mishra, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings in Case No. 1019 of 2013, Case Crime No. 68 of 2013, under sections 498-A, 506 IPC as well as charge sheet dated 07.05.2013, P.S.- Khurja Nagar, District- Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar.
Learned counsel for the applicants submitted that now the parties have entered into compromise and and peacefully living separately as the petition under Section 13-B(2) of the Hindu Marriage Act is allowed by Judge Family Courts ( West District), THC/Delhi vide order dated 07.06.2018. It is further submitted that as on date no dispute is remains between the parties as on date. It is next submitted that even in the present matter, counter affidavit has also been filed by opposite party no. 2 and in paragraph nos. 3, 4 and 5 of the counter affidavit, specific averments have been made and she has accepted this fact that parties have entered into compromise. It is also submitted that in light of compromise as well as counter affidavit filed by opposite party no. 2, present proceeding may be quashed.
Sri Yogesh Kumar Mishra, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants and respondents no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle 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 judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 31.1.2019 Sartaj