Court No. - 65
Case :- APPLICATION U/S 482 No. - 9526 of 2015 Applicant :- Arvind Kumar Yadav And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Verma, S.R. Verma Counsel for Opposite Party :- Govt. Advocate,Dinesh Kumar Srivastava,Ravi Sahu
Hon'ble Dinesh Kumar Singh-I,J.
A supplementary affidavit has been filed today on behalf of the applicant. The same is taken on record.
Heard Sri S.R. Verma, learned counsel for the applicant, Shri Dinesh Kumar Srivastava on behalf of the opposite party No. 2, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire proceeding of Complaint Case No. 365 of 2013 (Sandhya Yadav Vs. Arvind Kumar Yadav) under Sections 498-A, 323 IPC & 3/4 Dowry Prohibition Act, PS Barra, District Kanpur Nagar as well as summoning order dated 27.03.2014 passed by learned ACMM - Ist, Kanpur Nagar as well as other process issued against them (Annexure No. 1 to the affidavit) pending before learned ACMM - Ist, Kanpur Nagar and also a prayer is made to stay the further proceedings in this case till the disposal of this application.
In the supplementary affidavit it has been stated that in compliance of this Court's order dated 17.07.2019 the accused applicant Nos. 1 to 3 and complainant Smt. Sandhya Yadav, opposite party No. 2, have filed compromise in this matter before the learned Special Chief Judicial Magistrate, Kanpur Nagar on 06.08.2019 which is annexed as SA-3. The said compromise dated 06.08.2019 has been verified by the learned Special Chief Judicial Magistrate, which is evident from the order dated 06.08.2019 passed by him, a copy of the said order has been annexed as SA-4. It is further mentioned in para 8 of the supplementary affidavit that this Court has already perused the compromise dated 16.08.2018 which took place between the applicant No. 1 and opposite party No. 2. Therefore, it is prayed that the proceedings in this case may be quashed as no dispute remains between the parties.
Learned A.G.A. has not opposed the prayer for quashing of the entire proceedings of the pending case, as it is not disputed that the compromise has been entered into by the parties in view of the law laid down in Gian Singh Vs. State of Punjab and another, (2012) 10 SCC 303.
It is evident that in the present matter the dispute is private in nature and in accordance with the principles laid down in the case of Gian Singh (supra) the proceedings may be quashed in the present case.
The proceedings in the aforesaid case are quashed.
The application under Section 482 Cr.P.C. stands allowed.
Order Date :- 25.9.2019 LBY