Court No. - 49
Case :- APPLICATION U/S 482 No. - 28979 of 2018 Applicant :- Smt Kaila Devi And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Anubhav Singh 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.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 19.11.2012 as well as the entire proceedings of Case Crime No. 95 of 2012, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Jarcha, District Gautam Budh Nagar, Learned counsel for the applicant submits that present prosecution has arisen out of matrimonial discord between opposite party no.2 and her husband Manoj who was the son of applicant no.1 and brother of applicants no.2 and 3. It is then stated that the aforesaid matrimonial disputes were resolved at the local mediation centre, Gautam Budha Nagar by settlement agreement dated 17.8.2012. Subsequently, the husband of opposite party no.2, Manoj expired and in such circumstances, the trial is proceeding against the applicants. In this regard, specific averment has been made in paragraph-7 of the present application.
Sri Pankaj Dubey and Manoj Pandey, Advocates have filed Vakalatnama on behalf of opposite party no.2. They do not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. They submit that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
Paragraph no.7 of the present application is read as under:
"That the respondent no.2 and her husband Manoj Singh (deceased) giving another chance to their marital life went for mediation. The mediation between the aforesaid persons ended on a positive note with both the parties wanting to live together. The judicial Magistrate, Gautam Budh Nagar vide order dated 17.8.2012 in Mediation No.80/2012 held that both the parties should once again be given a chance to live together and after three months if there is no dispute, both the parties shall file a compromise in their respective cases. A certified photocopy of order dated 17.8.2012 is marked and annexed as Annexure-2 to this application."
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 :- 21.8.2018 Meenu