Court No. - 52
Case :- APPLICATION U/S 482 No. - 10215 of 2018 Applicant :- Kishor Kumar Arya And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra
Hon'ble Rajul Bhargava,J.
Learned counsel for the applicants is permitted to correct the date of charge sheet mentioned in the prayer clause of the application.
Short counter affidavit filed today is taken on record.
The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 3.8.2017 as well as the entire proceeding of Case No.11437 of 2017 (State Vs. Kishor Kumar Arya and others) arising out of CAse Crime No.0157 of 2016 under Sections 498A, 323, 504, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Bareilly pending before the court of Chief Judicial Magistrate, Bareilly.
Heard Sri Deepak Kumar Tripathi, learned counsel for the applicants, Sri Ajay Kumar Mishra, learned counsel for the opposite party no.2 as well as the learned A.G.A. appearing for the State and perused the record.
Learned counsel for both the parties have stated dispute between the applicants and opposite party no.2 is of matrimonial one. Applicant no.1 and opposite party no.2 have decided to live separately and have settled their differences. As per the settlement arrived at between the parties, a sum of Rs.14,00,000/- has been given to the opposite party no.2.
Learned counsel for the applicants submits that since the parties have settled their disputes amicably, the proceedings of the aforesaid case be quashed in view of the law laid down by Apex Court in Gian Singh vs. State of U.P., (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.
On the other hand, learned counsel for the opposite party no.2 submits that since the dispute between the parties have been settled, the opposite party has no objection if the proceedings of the aforesaid case pending before the trial court be quashed.
I have considered the rival submissions made by the learned counsel for the parties and gone through the entire record including the joint affidavit filed today on behalf of the parties.
In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non- compoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands.
Since all the disputes and differences between the parties have been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the above, the application is allowed.
The entire criminal proceedings of the aforesaid case are quashed in terms of compromise.
Order Date :- 29.3.2018 Ram Murti