Court No. - 72
Case :- APPLICATION U/S 482 No. - 27479 of 2017 Applicant :- Gopiram Paliwal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. on behalf of State.
2. Learned counsel for the applicant submits that arising from the same criminal case being Application u/s 482 No. 31289 of 2017 filed by Nitesh Paliwal, has been quashed by this Court on 4.12.2018 by following order:-
"Heard learned counsel for the applicant and learned Standing Counsel for the State.
This application under Section 482 Cr.P.C has been filed to quash the proceeding as well as charge sheet No. 45 of 2017 in case crime NO. 341 of 2016, case NO. 5462 of 2017 under Section 498A, 323, 504, 377 IPC and Section 3/4 D.P. Act Police Station Banna Devi, District Aligarh, pending before the Chief Judicial Magistrate, Aligarh.
Learned counsel for both the parties submitted that parties have settled their dispute amicably through mediation.
From the perusal of record it reveal that it is a matrimonial dispute and parties have settled their dispute amicably.
As per judgment of Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501, the proceedings is quashed.
Accordingly, the instant application stands allowed."
3. It is further submitted by counsel for the applicants that the criminal proceedings had been lodged by the opposite party no. 2 against the applicants and his family members. The present applicants are father and mother of Nitesh Paliwal.
4. In view of the above, the present proceedings against the applicants are also allowed on the same terms and conditions of the order dated 4.12.2018 passed in Application under Section 482 No.31289 of 2017.
Order Date :- 26.4.2019 Prakhar