Court No. - 49
Case :- APPLICATION U/S 482 No. - 10872 of 2018 Applicant :- Arun Kumar And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Braham Singh,Sushil Kumar Tewari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sushil Kumar Tiwari, learned counsel for the applicants, Sri P.K.Vishnoi, learned counsel for the opposite party no.2 and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 2242/9 of 2009, arising out of Case Crime No. 94 of 2004, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P.Act, Police Station Mahila Thana, District Moradabad, pending in the Court of Addl. Chief Judicial Magistrate, Court No. 5, Moradabad, as the parties have settled their dispute outside the court.
Learned counsel for the applicants submits that arising out of marital discord between the the applicant no.1 and the opposite party no.2, the present prosecution had been lodged against the applicants. It is then submitted that with the passage of time, the parties have been able to resolve their differences amicably. The parties dissolved their marriage and are living separately and at present the opposite party no.2 does not wish to press charges against the applicants.
The present application has been filed supported with joint affidavit of applicant no.1 and the opposite party no.2. Paragraphs 12, 13 and 14 of the present application reads as under:
"12. That it is very essential to bring to the notice of this Hon'ble Court that the marriage of the applicant no.1 and opposite party no.2 has already been dissolved vide judgement and decree dt. 12.3.2008 passed by the learned Principal Judge, Family Court, Moradbad upon the petition of O.P. No. 2 vide Original Case No. 206 of 2006 Smt. Renu vs. Arun Kumar. No appeal etc. has been filed or is pending against the judgement and decree dated 12.3.2008.
13. That since the parties have settled their dispute outside the Court and they arrived on compromise that the proceedings of the present case against the applicants should be dropped, as such no purpose will be served to keep pending the present criminal proceedings against the applicants.
14. That on the facts and circumstances as enumerated in the preceding paragraphs, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to admit and allow the present Criminal Misc. Application and quash the entire proceeding of the Case No. 2242/9 of 2009 (arising out of Case Crime No. 94 of 2004) under Sections 498A, 323, 504, 506, I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 5, Moradabad, as the parties have settled their dispute outside the Court and nothing remains in between the parties and no purpose would be served in keep pending the present case and stay the further proceeding of the Case No. 2242/9 of 2009 (arising out of Case Crime No. 94 of 2004) under Sections 498A, 323, 504, 506, I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 5, Moradabad during the pendency of the present case before this Hon'ble Court."
In view of the fact that the parties do not want to pursue the case any further as stated by them and as the marriage between the applicant no.1 and the opposite party no.2 had been dissolved and they are living separately, 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 :- 27.7.2018 Lbm/-