Court No. - 20
Case :- APPLICATION U/S 482 No. - 32190 of 2012 Applicant :- Amit Bajpayee And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- Govt.Advocate,Amit Mishra,Kamlesh Kumar Tiwari
Hon'ble Raghvendra Kumar,J.
Heard learned counsel for the applicants, learned counsel for O.P. NO.2 and learned A.G.A.
The joint affidavit has been filed by the parties and the Annexure no. 2 relates to the compromise arrived at between the parties which is photocopy of notarial agreement. Both counsel jointly submitted that the parties have resolved their grievances out side the Court. This fact finds mention in para 3 as well as in the compromise. Both counsel jointly submitted that pursuant to the compromise between the parties amount of Rs. 7.00 lacs has been deposited with the Judge, Family court towards the payment of alimony and remaining amount to be paid by the applicant to O.P. No.2 on the date of final adjudication of 13(B) petition. Both counsel jointly submitted that the dispute inter-se parties is of purely private in nature and does not have impact on pubic at large.
Learned counsel for O.P. No.2 submitted that the O.P. No.2 does not want to pursue the prosecution in view of the compromise arrived at between the parties and further submitted that the proceeding launched in case No. 861 of 2012, arising out of case crime no. 14 of 2012, under section 498-A,323,504,506,406 I.P.C. and section 3/4 o D.P. Act.P.S. Mahila Thana, District Gorakhpur pending in the court of Judicial Magistrate, Court No. 24, Gorakhpur be quashed.
Learned a.G.A. has no objection to the prayer made.
In view of the submissions of learned counsel for the parties, the prosecution launched on the basis of aforementioned criminal case is hereby quashed.
The petition stands disposed of.
Let copy of this order be transmitted to the trial court.
Order Date :- 28.11.2017 R