Court No. - 72
Case :- APPLICATION U/S 482 No. - 16797 of 2018 Applicant :- Gaurav Bhola And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kaushlesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Kaushalesh Tripathi, learned counsel for the applicants, Sri Deepak Singh, learned counsel for the opposite party no.2 and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 3254/2017 (State Vs. Gaurav and others), which arises from cognizance order dated 4.10.2017 passed by the learned Additional Chief Judicial Magistrate-VIII Ghaziabad upon the charge sheet dated 6.8.2017 in Case Crime No. 0156/17 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad as well as Non Bailable Warrant order dated 23.4.2018.
It reflects from the record that earlier the matter was referred to the mediation centre but as per its report dated 25.9.2018, parties were not willing for mediation and failed to appear on the date fixed.
It is contended by the learned counsel for the applicants that after the mediation was failed, parties entered into an agreement outside the Court and settled their differences. Copy of the said compromise deed dated 13.10.2018 is annexed as annexure-1 to the short counter affidavit filed by the opposite party no.2.
In the affidavit, it is stated that opposite party no.2 have no objection in case the present application be allowed and she already annexed the compromise deed alongwith short counter affidavit.
In view of the above, proceedings of Case No. 3254/2017 (State Vs. Gaurav and others) arising out of Case Crime No. 0156/17 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad are hereby quashed.
The application stands allowed.
Order Date :- 22.8.2019 Noman