( Court NO. 53) Criminal Misc. Application No. 14509 of 2008 *** Dr. Manoj Divoliya & others Vs. State of U.P. and others. Hon'ble D.R. Azad, J Heard Sri Sudhir Saundilya learned counsel for the applicants, Sri Sushil Kumar Dubey, learned counsel for the Opp. Party No. 2, 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 chargesheet dated 4.08.2007 in Criminal Case No. 2269 of 2007 under Sections 420,467,468, 471 and 218 I.P.C. Police Station Aid, District Jalaun pending in the court of chief Judicial Magistrate, Orai District Jalaun.
Vide order dated 18.6.2008, after hearing counsel for the applicants and the learned A.G.A., this Court was pleased to pass order that notices be issued to the Opp. Party returnable at an early date and it is further stated that no coercive steps shall be taken against the applicants in Criminal Case No. 2269 of 2007 under Sections 420,467,468, 471 and 218 I.P.C. Police Station Aid, District Jalaun pending in the court of chief Judicial Magistrate, Orai District Jalaun.
Vide report dated 7.10.2009 of Mediation and Conciliation Centre, it is clear that the 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 centre.
Learned counsel for the applicant filed an application dated 8.11.2009 supported with an affidavit, in which in para - 3 it has been mentioned that on 7.10.2009 a settlement agreement was entered into between the parties before the Mediation and Conciliaiton Centre and the amount settled in the Marriage Petition No. 50 of 2006, against which Execution Case No. 1 of 2009 was pending before the Addl. District & Sessions Judge, Orai District Jalaun was paid by Sri Rahul Gupta to Smt. Yogita Gupta.
Learned counsel for the applicant 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 Criminal Case No. 2269 of 2007 under Sections 420,467,468, 471 and 218 I.P.C. Police Station Aid, District Jalaun pending in the court of chief Judicial Magistrate, Orai District Jalaun. is hereby quashed. Learned counsel for the applicant is directed to produce certified copy of this order before the chief Judicial Magistrate, Jalaun for information and its compliance within a period of 15 days from the date a certified copy of this order is produced before him.
With the aforesaid direction, this application is disposed of finally. Dt: 4.1.2010 n.u.