Court No. - 72
Case :- APPLICATION U/S 482 No. - 22598 of 2018 Applicant :- Dr. Zubair-Ul-Abidin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Mohd. Afzal
Hon'ble Rajiv Joshi,J.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicant, Sri Mohd. Afzal on behalf of opposite party no. 2 and learned A.G.A. for the State.
The present application has been filed for quashing the Charge Sheet No. 18 dated 06.04.2012 as well as Criminal Case No. 874 of 2018 (Old No. 2081 of 2012) State of U.P. Vs. Zubair-Ul-Abidin and others, (arising out of Case Crime No. 11 of 2012), under Sections- 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- J.P. Nagar, pending before the court of learned Additional Chief Judicial Magistrate, J.P. Nagar in terms of compromise dated 25.04.2018.
Contention of learned counsel for the applicant is that the matter had already been compromised between the parties and the settlement deed has been annexed at page No. 37 of this application.
In the counter affidavit filed today on behalf of opposite party no. 2, the said compromise has been admitted.
Learned counsel for the opposite party no. 2 states that he has no objection in case the present proceedings of the aforesaid are quashed.
In view of the above, the proceedings of the aforesaid Criminal Case No. 874 of 2018 (Old No. 2081 of 2012) State of U.P. Vs. Zubair-Ul-Abidin and others, (arising out of Case Crime No. 11 of 2012), under Sections- 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- J.P. Nagar, pending before the court of learned Additional Chief Judicial Magistrate, J.P. Nagar, are hereby quashed.
The application stands allowed.
Order Date :- 26.9.2019 Shivangi