Court No. - 49
Case :- APPLICATION U/S 482 No. - 32105 of 2018 Applicant :- Amit Sharma And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants, Ms Alka Upadhyay, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 27.08.2015 as well as the entire proceedings S.T. No. 1259 of 2016, arising out of Case Crime No. 556 of 2014, under Sections- 498-A, 323, 504, 506, 313 I.P.C., and 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad, pending in the court of learned FTC Ist/A.S.J., Ghaziabad.
3. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2.
4. Learned counsel for the applicants further submits that:-
(i) though the dispute between the parties were purely civil and private in nature, arising out of matrimonial discord between the parties;
(ii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iii) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(iv) the parties have decided to dissolve their marriage. In this regard, a petition for dissolution of the marriage between the parties has been filed at Family Court before Principal Judge, Ghaziabad being Petition No. 1084 of 2018.
(v) further, the applicant no. 1 has agreed to pay to opposite party no. 2, Rs 4 lakhs towards full and final settlement of all her money claim against that applicant for alimony or otherwise, of which Rs. 2 lakhs has already been paid by applicant no. 1 to the opposite party no. 2;
(vi) therefore, in such changed circumstances, the opposite party no. 2 does not wish to press charges against the present applicants and;
(vii) in fact, it is submitted that if the criminal prosecution is allowed to proceed it may create further complication in the otherwise normal relationship that is arising between the hitherto bitterly estranged couple and their families;
5. Ms Alka Upadhyay has filed her appearance slip on behalf of opposite party no. 2 as well as personal affidavit of opposite party no. 2 today, which is taken on record. She does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, paragraph nos. 3, 4 and 5 of the affidavit read as under :
"3.That the O.P. No.2 is wife of applicant no.1, she herself has filed her affidavit on behalf of applicants.
4. That now the compromise between the applicants and O.P. No.2 (wife of applicant no.1) has been done, divorce petition U/S 13B Hindu Marriage Act has been filed on the basis of mutual consent on 25.5.2018 by husband and wife. As per terms and condition of compromise deed the O.P. No. 2 received the Bank Draft of amounting Rs. 2,00,000/- and balance Rs. 2,00,000/- will be given to O.P. No.2 after withdraw of all the matrimonial cases pending against the applicants.
5. That now the deponent does not want to launch the prosecution against the applicants hence the present impugned charge sheet and entire proceeding of S.T. No. 1259/2016 pending against the applicants may kindly be quashed in the interest of justice."
6. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
7. 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.
8. The present application is accordingly allowed. Order Date :- 18.9.2018 Prakhar