Court No. - 49
Case :- APPLICATION U/S 482 No. - 25383 of 2018 Applicant :- Daud And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.9.2017 as well as entire proceeding of the Case No. 6579 of 2017, State Vs. Daud and others), arising out of Case Crime No. 27 of 2017, under Sections 498A, 323, 506, 354 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Saharanpur, pending in the court of learned A.C.J.M, 4th, Saharanpur.
Learned counsel for the applicants submits that arising out of marital discord between the the applicant no.1 and opposite party no.2, the present prosecution had been lodged against the applicants. It is then submitted that with the passage of time, the parties have been able to resolve their differences amicably and they are living together as husband and wife and at present the opposite party no.2 does not wish to press charges against the applicants.
Sri Nirbhay Singh, Advocate has filed appearance slip on behalf of the opposite party no.2 as also the joint affidavit of the applicant no.1 and opposite party no.2. Paragraphs 4 and 5 of the said affidavit reads as under:
"4. That the deponent no.1 and deponent no.2 have entered into a compromise out side of the court with the help of some social and respective persons of the locality and the applicants and opp. party no.2 and applicant no.1 have decided to live as husband and wife and all the dispute in between them has been solved and there is nothing remained to each others.
5. That since there is nothing remained with regards to the dispute in question therefore, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the case no. 6579 of 2017 , State Vs. Daud and others as well as impugned cognizance order dated 14.11.2017 passed by learned A.C.J.M. 4th Saharanpur, arising out of the charge sheet dated 26.9.2017, submitted in Case Crime No. 27 of 2017, under Sections 498A, 323, 506, 354 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Saharanpur, pending in the Court of learned Additional Chief Judicial Magistrate 4th Saharanpur, pursuant to the compromise took place in between the parties, or pass such others and furthers order or direction which this Hon'ble Court may deem fit and proper, so that justice may be done."
In view of the fact that the parties do not want to pursue the case any further as stated by them, 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 :- 27.7.2018 Mini