Court No. - 66
Case :- APPLICATION U/S 482 No. - 35514 of 2015
Applicant :- Jitendra Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Naresh Kumar Pal,Sobran Singh Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tripathi,R.U. Rinki Renu
Hon'ble Rajul Bhargava,J.
Second Supplementary joint affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Naresh Kumar Pal, learned counsel for the applicants, Mrs. R.U. Rinki Renu, learned counsel for opposite party no.2 as well as learned A.G.A. for the State-opposite party no.1 and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 11.9.2009 passed by Additional Chief Judicial Magistrate, Court No.01, Firozabad in Complaint Case No. 1144 of 2009, Case No.1079 of 2010 (Smt. Manju Devi vs. Jitendra), under Sections 498-A I.P.C. and 3/4 D.P. Act, P.S. Sirsa Ganj, District Firozabad, pending in the court of Additional Chief Judicial Magistrate, Court No.01, Firozabad.
Learned counsel for the applicants has submitted that essentially the dispute between the parties is a matrimonial one and they have settled all their disputes and differences amicably and entered into compromise. A suit under Section 13-B of Hindu Marriage Act was also filed and the same has been decreed by the Family Court No.4, Ahmedabad, Gujarat vide judgment and order dated 26.6.2019. In Para 4 of the second supplementary joint affidavit filed today, it is stated that applicant no.1 and opposite party no.2 have solemnized marriage and are living separately since 20.1.2008. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other so that they may live amicably and peacefully.
Learned counsel for the opposite party no.2 has submitted that since both the parties have settled their dispute amicably and opposite party no.2 does not want to prosecute the applicants more and has no objection, if the order impugned in the present application is quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the impugned order dated 11.9.2009 in the aforesaid case is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
Order Date :- 27.11.2019 Vikas