Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13954 of 2018
Petitioner :- Fazal And 12 Others
Respondent :- State Of U.P. And 2 Ohters
Counsel for Petitioner :- Krishna Kumar Shukla
Counsel for Respondent :- G.A.,Devendra Kumar Tiwari
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
A short counter affidavit has been filed on behalf of opposite party no. 3 in Court today is taken on record.
Heard learned counsel for the petitioners, learned counsel for the opposite party no.3 and learned A.G.A. for the State.
The present writ petition has been filed for quashing the case crime no. 181/2018, under Sections 498A, 323, 506, 354, 376, 511, 377 IPC & 3/4 D.P. Act, police station Anwla, District Bareilly.
Learned counsel for the petitioners has argued that the compromise between the parties has already been arrived at, copy of which has been annexed as annexure no. 2 to the writ petition and as the matter has been compromised, therefore, the present case be finally decided.
Learned counsel for opposite party no. 3 has not disputed the facts as stated by the learned counsel for the petitioners. He further contended opposite party no. 3 does not want to proceed with the present case against the petitioners and the same may be allowed.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and the matter is purely of personal nature and family dispute, which has been mutually settled between the parties and also in view of the compromise, 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), J.T. and 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 writ petition is accordingly allowed, as prayed.
Order Date :- 29.5.2018 Anand