Court No. - 55
Case :- APPLICATION U/S 482 No. - 4272 of 2018 Applicant :- Akhilesh Prakash Chaturvedi And Another Opposite Party :- Soni Pathak Alias Soni Chaturvedi And Another Counsel for Applicant :- Jitendra Kumar Shishodia Counsel for Opposite Party :- G.A.,Somdev Dixit
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This application has been filed to stay the effect and operation of the impugned order dated 6.01.2018 passed by learned Chief Judicial Magistrate, Etawah in Complaint Case No.2070 of 2015, under Sections -498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station -Kotwali, District -Etawah and order dated 25.10.2016 passed by the Additional Sessions Judge, Court No.5, Etawah in Criminal Revision No.20 of 2016.
On the request of learned counsel for the applicants, another Bench of this Court, vide order dated 20.2.2018 had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 18.7.2018 had reported that mediation between the parties has been successful whereby settlement agreement has been entered into between the parties, copy of which report is on record.
Learned counsel for the applicants has argued that the on the basis of compromise dated 18.07.2018, there is no rival claim between the parties, in view of this, as the matter has been compromised, therefore, the present case be finally decided.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 18.7.2018, therefore, 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) 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 is hereby set aside.
The present application is accordingly allowed.
Order Date :- 29.11.2018 Shekhar [Chandra Dhari Singh, J.]