Court No. - 44
Case :- APPLICATION U/S 482 No. - 19442 of 2014 Applicant :- Dr. Nasir And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the parties and the learned A.G.A. for the State-respondent.
The present 482 Cr.P.C. application has been filed for quashing the entire proceeding in Criminal Case No.5723 of 2011, State versus Dr. Nasir and another, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Meerut.
It is a case of matrimonial dispute. Report of the Mediation and Conciliation Centre dated 07.08.2011 reflects that both the parties voluntarily arrived at an amicable settlement on various terms and conditions. Condition no. c- reflects that "after payment of the last installment or total alimony of RS.2,50,000/-, within fifteen days from that date, both the parties will withdraw all the civil or criminal cases filed by them against each other". That way, learned counsel for the applicants contended that all the alimony, which has been deposited by the applicant, has been paid in terms of the compromise deed between the parties. Order sheet of the lower court, which is annexed in this application, mentions that opposite party no.2 the victim wife has received the total alimony.
Learned AGA also does not dispute the fact of compromise.
In this view of the matter, since the parties concerned have settled their dispute inter se, amicably, hence, there is no need for this Court to enter into and adjudicate the present case on its merit and no useful purpose shall be served in keeping the matter pending in this Court.
Thus, in view of the well settled principles of law as laid down by the Judgment of 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 Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of Criminal Case No.5723 of 2011, State versus Dr. Nasir and another, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Meerut, is hereby quashed.
The instant application is, accordingly, allowed.
Order Date :- 29.11.2017 Raj