Court No. - 49
Case :- APPLICATION U/S 482 No. - 25608 of 2018 Applicant :- Dheeraj Julka And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri S.K. Singh, has filed his personal affidavit on behalf of the opposite party no.2.
Heard 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 entire proceedings of Case No. 15 of 2011 (State Vs. Dheeraj Julka and Others), arising out of Case Crime No. 12 of 2010, under Sections- 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana Sector 39 Noida, District- Gautam Budh Nagar, pending in the court of A.C.M., Gautam Budh Nagar.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2. The present criminal case has been lodged against the applicant no.1 and his other family members but that no real criminal offence had actually occurred.
Learned counsel for the applicant states that the root of dispute between the parties has been resolved inasmuch and proceedings of dissolution of their marriage has already been initiated.
It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences and they are living separately.
He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.
Sri S.K. Singh, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the personal affidavit filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.
Paragraph nos. 7 to 10 of the said personal affidavit reads as under :
"7. That on 28.9.2017 the applicant no.1 and opposite party no.2 filed an application before Family court (FTC) Gautam Budh Nagar) in Case no.404 of 2011 under Section 13 Hindu Marriage Act for decree the divorce of the marriage between them on 30.10.2004.
8. That the parties are ready to settle the impugned case in terms of compromise dated 28.9.2017, they do not want to carry further the litigation.
9. That the applicant and the opposite party no.2 had arrived at an out of court compromise on 28.9.2017, in which both the parties have agreed not to proceed with the litigation.
10. That the parties have entered into compromise on 28.9.2017, in which both the parties have agreed not to proceed with the litigation."
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 28.9.2017 , 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 :- 30.7.2018 Gaurav Pal