Court No. - 64
Case :- APPLICATION U/S 482 No. - 21740 of 2019
Applicant :- Dharamveer Singh And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Dinesh Kumar Mishra,Ashish Jaiswal
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri D.K. Mishra, learned counsel for the applicants, Sri Randhir Jain, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the non-bailable warrant order dated 06.06.2018 passed by the Additional Chief Judicial Magistrate, Hapur and the entire proceeding in Complaint Case No.69 of 2015 Ekta vs. Sanjeev and others, under Sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Hapur, District Hapur.
Urge on behalf of the applicants has been made to the ambit that in this case, compromise deed was moved before the court below and the same is in process of the physical verification between the parties.
Record reflects that in this case, the accused involved in this case had initially moved Application U/S 482 No.33949 of 2015, which has been disposed of by this Court on 05.09.2017 quashing the proceeding in respect of four accused and directing three accused to participate in the proceeding, copy whereof has been annexed as annexure no.2 to the affidavit filed in support of this application.
A joint request has been made on behalf of both the parties that the matter has been mutually settled between the parties, no useful purpose would be served in proceeding with the matter further. If proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicant is liable to be quashed in terms of the compromise between the parties.
Considered the submissions.
Under facts and circumstances of the case, it is directed that in case compromise is worked out and physical verification is made by the court below, there is no need to proceed further with the case and consequential order regarding closure of the proceeding in view of the decision 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), shall be passed by the court below.
Consequently, the instant petition is disposed of.
Order Date :- 30.5.2019 rkg