Court No. - 49
Case :- APPLICATION U/S 482 No. - 25724 of 2018 Applicant :- Harjeet Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and Sri Javed Khan and Sri Brijesh Kumar Pandey, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 98 of 2015 dated 6.7.2015, Case Crime No. 310(C)/2014, under Sections 498A, 323, 506 IPC, and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad, State Vs. Harjeet Singh, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Moradabad in terms of compromise dated 9.3.2018.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant and opposite party no. 2. The present criminal case has been lodged against the applicant but that no real criminal offence had actually occurred.
It is thus submitted that the present criminal prosecution had been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties. With passage of time, the parties had dissolved their marriage and they are living separately.
He further submits, at present, the opposite party no. 2 does not wish to press charges against the applicant.
Learned counsel for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant. In fact, in the short counter affidavit filed by the opposite party no.2, she has supported the contention advanced by learned counsel for the applicant.
Paragraphs 2 to 5 of the said affidavit reads as under:-
"2. That applicant and Opposite Party No.2 marriage solemnized on 17.11.2011 as per Punjabi customs and Rules and now after some time of marriage Opposite Party No.2 lodged one First Information Report against applicant under Section 498A, 323, 506 Indian Penal Code & 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District Moradabad.
3. That now at present time all dispute occurred between applicants and Opposite Party No.2 end and both party ready to negotiate the matter and for that reason both party Jointly Filed compromise application dated 9.3.2018 before court of Additional Chief Judicial Magistrate, Court No.5, Moradabad.
4. That Opposite Party No.2 does not want any proceeding against applicants in the present case and divorce took place between applicant and Opposite Party No.2 and now at the present time Opposite Party No.2 live separately to applicant.
5. That in view of the aforesaid fact and circumstances of the case this Hon'ble Court may kindly be pleased to take this Short counter affidavit on record and quashed the entire proceeding of aforesaid case in terms of compromise dated 9.3.2018, so that justice may be done or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case"
In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise, therefore, 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) as well as the Judgment of the Apex Court reported in J.T., 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 application is accordingly allowed. Order Date :- 31.7.2018 Mini