Court No. - 52
Case :- APPLICATION U/S 482 No. - 9507 of 2018 Applicant :- Lalit Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Short counter affidavit filed on behalf of the opposite party no. 2 is taken on record.
Heard Sri J.B. Singh, learned counsel for the applicants, Sri Manoj Singh, who has filed Vakalatnama on behalf of opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 22.7.2017 as well as entire proceeding of Crl. Case no. 5746 of 2017 (State vs. Lalit Kumar and others) in Case Crime no. 72 of 2017, u/s 498A, 323, 504, 506, 324 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar.
It is submitted by both the parties that the matter pertains to matrimonial dispute between them and now they have settled all their differences and disputes and are living together as husband and wife.
Learned counsel for the applicants has argued that the compromise has been taken place between the parties, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicant. He further stated in para-4 of the short counter affidavit that opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of matrimonial nature, which has been mutually settled between the parties, thus, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby quashed.
The present application is accordingly allowed.
Order Date :- 23.3.2018 Dhirendra/