Court No. - 49
Case :- APPLICATION U/S 482 No. - 29044 of 2018 Applicant :- Kamlesh Chaurasiya And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 25.7.2018 passed by C.J.M., Court no. 11, District as well as entire proceeding of Criminal Case No. 1221 of 2018 (State Versus Ramdeo), arising out of Case Crime No. 30 of 1999, under Sections 498A, 504, 506 I.P.C., and 3/4 D.P. Act, Police Station Bhatni, District Deoria, pending before Judicial Magistrate, Court no. 11, Deoria.
Learned counsel for the applicant submits that the present prosecution had arisen out of the matrimonial discord between applicant no. 1 and opposite party no. 2. With passage of time, they have been able to resolve their differences such that they have parted company and are living separately. In the changed circumstances, the opposite party no. 2 does not wish to press charges against the applicants, therefore, the written agreement had been entered into between the parties. A copy of which has been annexed as Annexure 4 in the affidavit of the present application. The same was also verified by the parties before the learned court below. However, the learned court below has rejected on the reasoning that the offence alleged are non- compoundable.
Shri Pawan Kumar Srivastava has filed his appearance slip as well as personal affidavit of opposite party no. 2 today, which is taken on record. He does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. Paragraph nos. 2, 3, 4 and 5 of the said affidavit read as under:
"2. That the deponent is the wife of applicant no. 1 an matrimonial dispute arises in year 1999 in between husband and wife but after lapse of 20 years some relative involved in the present matter and due to help of them, the matrimonial dispute was settled between the deponent and applicants and in this respect the deponent as well as applicants filed a joint application on 12.07.2018 and same was also verified by the trial court on 25.07.2018.
3. That the deponent do not want to press the trial further and wants to close the matter on the basis of compromise dated 12.07.2018.
4. That this is the matrimonial dispute between the husband and wife and same is already settled between the parties through compromise dated 12.07.2018.
5. That in view of the facts and circumstances narrated in above paragraphs it is expedient in the interest of justice that the proceeding of Criminal Case No. 1221 of 2018 (State Vs. Ramdeo) arises out of Case Crime No. 30 of 1999, under Sections- 498-A, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station- Bhatni, District- Deoria pending before the Judicial Magistrate, Court No. 11, Deoria may be quashed on the basis of compromise dated 12.07.2018 settled between the parties, otherwise the opposite will suffer irreparable loss and injury."
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 :- 23.8.2018 Prakhar