Court No. - 52
Case :- APPLICATION U/S 482 No. - 9956 of 2018 Applicant :- Dr. Paresh Vaishnav And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Azad Khan, learned counsel for the applicants, Sri Javed Khan, Advocate has filed his Vakalatnama on behalf of opposite party no.2 along with short counter affidavit, which is taken on record, learned AGA for the State and perused the record.
Present application has been filed by the applicant with the prayer to quash the entire proceedings of criminal case no.2426 of 2016 (State Vs. Dr. Paresh Vaishnav and others) and charge sheet dated 7.9.2016 arising out of case crime no.105 of 2016, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Achnera, District Aagra, pending in the court of ACJM- XIII, Agra.
Learned counsel for both the parties have prayed that the applicants and opposite party no.2 have arrived at a compromise. Since the parties have settled their dispute in another matter, this Court by an order dated 13.12.2016 had directed the parties to appear before the Mediation Centre in Misc. 482 Application No.32302 of 2016 pursuant thereto, the mediation succeeded and the report of the Mediation Centre has been annexed as Annexure-5 to the affidavit. The settlement agreement of Mediation Centre reflects that proceedings were quashed on the basis of one time settlement on payment of permanent alimony of Rs. twelve lakh.
I have perused the allegations made in the first information report and the averments made in the joint compromise.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 28.3.2018 Hasnain