( Court No. 53 ) Criminal Misc. Application No. 36057 of 2008 *** Chandra Bhushan Ojha and others Vs. State of U.P. and another.
Hon'ble D.R. Azad, J Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Complaint Case No. 122 of 2008 ( Smt. Asha Devi Vs. Chandra Bhushan Ojha & others) under Sections 498-A, 504 and 506 I.P.C. Police Station and Section 3/ 4 of Dowry Prohibition Act , P.S. Dubhar, District Ballia pending in the Court Judicial Magistrate-II Ballia.
Vide order dated 18.12.2008, this Court was pleased to refer the matter to the mediation and conciliation centre and it is further ordered that till then, proceedings of Complaint Case No. 122 of 2008 ( Smt. Asha Devi Vs. Chandra Bhushan Ojha & others) under Sections 498-A, 504 and 506 I.P.C. Police Station and Section 3/ 4 of Dowry Prohibition Act , P.S. Dubhar, District Ballia pending in the Court Judicial Magistrate-II Ballia is stayed.
Learned counsel for the applicant has filed application dated 13.12.2009 alongwith an affidavit , annexing therewith copy of the mediation centre report dated 17.4.2009 and compromise agreement dated 22.5.2009 entered into between the parties on the basis of the mediation report ( Annexures 1 & 2 ). Report of mediation and conciliation centre dated 17.4.2009 clearly indicates that parties have entered into compromise and there is no dispute and differences between the parties and all disputes and differences have been amicably settled by the parties through the process of mediation and conciliation . Learned counsel for the applicants placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon'ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties. In view of the above decisions of the Hon'ble Apex Court, the proceedings of proceedings of Complaint Case No. 122 of 2008 ( Smt. Asha Devi Vs. Chandra Bhushan Ojha & others) under Sections 498-A, 504 and 506 I.P.C. Police Station and Section 3/ 4 of Dowry Prohibition Act , P.S. Dubhar, District Ballia pending in the Court Judicial Magistrate-II Ballia. is hereby quashed.
Learned counsel for the applicant is directed to produce certified copy of this order before the Judicial Magistrate II,Ballia for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him.
With the aforesaid direction, this application is disposed of finally.
Dt: 21.1.2010 n.u.