Court No. - 66
Case :- APPLICATION U/S 482 No. - 11088 of 2021
Applicant :- Krishankant Yadav
Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.V. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard Sri R.V. Pandey, learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This application u/s 482 Cr.P.C. has been preferred for quashing the entire proceedings of Complaint Case No. 485 of 2011 (Smt. Kushwanti Devi Vs. Krishankant Yadav & Others), under Sections 498-A, 323, 504, 506 IPC & Section 3/4 of Dowry Prohibition Act, on the Application U/s 257 of Cr.P.C., pending before the Judicial Magistrate, Saidpur, District Ghazipur.
Learned counsel for the applicant submits that a matrimonial dispute arose between the parties regarding which opposite party no. 2 filed the aforesaid complaint case, subsequent to the filing of the complaint case, parties have settled their dispute amicably and opposite party no.2 moved an application on 10.09.2018 for withdrawal of the complaint case U/s 257 of Cr.P.C. but the case remained pending before the court concerned then applicant moved present application before this Court and this Court vide order dated 27.07.2021 directed the parties to appear before the court concerned and concerned court to verify the fact. In compliance of order dated 27.07.2021 passed by this Court, both the parties appeared before the court below on 12.08.2021 and the court below verified the same on 19.08.2021. Learned counsel for the applicant placing reliance on the cases of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653, passed by Apex Court submits that parties have settled their dispute and opposite party no. 2 does not want to proceed in the complaint case and also moved an application to withdraw the complaint case, therefore, no fruitful purpose will be served to keep the matter pending, thus to do justice between the parties complaint case may be quashed.
Learned AGA submits that since the compliant was filed by opposite party no.2 out of matrimonial dispute arose between them and parties have settled their dispute amicably and opposite party no. 2 does not want to proceed in the complaint case, therefore, no fruitful purpose will be served in keeping the proceeding pending.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, application U/s 257 Cr.P.C. moved by the complainant, opposite party no. 2 for withdrawal of the complaint case before the court below as well as parties appeared before the court concerned in compliance of order dated 27.07.2021 of this Court and parties ratified the application moved for withdrawal of the complaint case, in my opinion no fruitful purpose will be served in keeping the complaint case pending rather it will be nothing but harassment of the parties only, therefore, in the interest of justice, it appears appropriate to quash the proceedings of the complaint case pending between the parties. Accordingly, the application moved by the applicant stands allowed and the proceeding of the aforesaid case is hereby quashed.
Office is directed to send the copy of the order to the concerned court for compliance.
Order Date :- 24.9.2021 Israr