Court No. - 66
Case :- APPLICATION U/S 482 No. - 19128 of 2017 Applicant :- Danish Khan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.,Hemendra Pratap Singh
Hon'ble Rajul Bhargava,J.
A joint affidavit of applicants and opposite party no.2 has been filed which is taken on record.
Heard Sri Akhilesh Srivastava, learned counsel for the applicants and Sri Shitesh Kumar, holding brief of Sri ,Hemendra Pratap Singh, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.335 of 2017 (State Vs. Danish Khan and others), arising out of Case Crime No.21 of 2016, under Sections 498-A, 323, 504, 506 I.P.C.and 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Aligarh as well as charge-sheet dated 11.01.2017, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Aligarh.
Learned counsel for the parties have stated that both the parties have entered into compromise. In view of it, proceeding under Section 125 Cr.P.C. has been dropped. In the joint affidavit the opposite party no.2 has averred that the dispute between the parties is private in nature and matrimonial one. In para-3 of the joint affidavit it has been categorically stated that both the parties are staying together and leading a happy marital life.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith. Order Date :- 30.7.2019 MN/-