Court No. - 85
Case :- APPLICATION U/S 482 No. - 15134 of 2020 Applicant :- Balram And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Varun Kumar Payal,Yogendra Pal Singh Counsel for Opposite Party :- G.A.,Somendra Singh
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 27.05.2019 as well as the entire proceedings of Case No. 4020 of 2020 (State Vs. Balram Sharma and others), arising out of Case Crime No. 470 of 2018, under Sections- 498-A, 377, 307, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Mundali, District- Meerut, pending in the court of Additional Chief Judicial Magistrate-1st, Meerut.
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. The present criminal case has been lodged against the applicant no. 1 and his other family members but that no real criminal offence had actually occurred.
It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences.
He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.
Sri Somendra Singh, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the short counter affidavit filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.
Paragraph no.7 of the said short counter affidavit reads as under :
"That the O.P. No.2 does not want to indulge herself in a long proceeding and also looking into the future of the parties does not want to prosecute them in the present case and want to withdraw the present proceeding and therefore, same may be quashed by this Hon'ble court on the basis of outside settlement took place between the parties."
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, 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 :- 28.10.2021 shiv