Court No. - 75
Case :- APPLICATION U/S 482 No. - 43516 of 2018 Applicant :- Chandan Gupta And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shambhu Mani Tripathi Counsel for Opposite Party :- G.A.,Munna Tiwari
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned counsel for O.P. No.2 and learned A.G.A.
This application under section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the Charge-Sheet dated 28.4.2018 of case no. 2078 of 2018, case crime no. 0209 of 2017, under section 498A, 323, 504, 506 I.P.C. and 3/4 of D.P. Act P.S. Maiel District Deoria pending in the court of Judicial Magistrate Court, 11, Deoria This Court vide order dated 12.5.2018 has referred the matter to the mediation centre in order to enable the parties to reach an amicable settlement. The mediation centre vide its report dated 30.4.2019 has reported that the mediation between the parties has been successfully completed and in clause 6 of the settlement agreement, it has been agreed that the parties will live separately and the applicant no.2 will pay a sum of Rs. 11.00 lacs to O.P. No.2 as permanent alimony in two instalments. Out of the said amount an amount of Rs. 5,50,000/- has already been paid to O.P. No.2 on 23.4.2019 by demand draft no. 476802 dated 16.4.2019 in favour of O.P. No.2 which has been handed over to her and the balance amount is to be paid at the time of final judgement in the Divorce Petition filed by the parties and now they have no grudge against each other.
Learned counsel for O.P. No.2 has also submitted that pursuant to the said agreement a sum of Rs. 5,50,000/- has already been received by her and the balance amount shall be paid to her at the time of final judgement of the Divorce Petition. fixed on 30.11.2019 and she has no objection if the present proceeding is quashed in terms of the settlement agreement dated 30.4.2019 reached between them.
This Court is not unmindful of the judgements of the Apex Court in the cases of:
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
2. Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677]
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.
Accordingly, the proceedings of impugned Charge-Sheet dated 28.4.2018 of case no. 2078 of 2018, case crime no. 0209 of 2017, under section 498A, 323, 504, 506 I.P.C. and 3/4 of D.P. Act P.S. Maiel District Deoria pending in the court of Judicial Magistrate Cort, 11, Deoria are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 27.11.2019 R