Court No. - 52
Case :- APPLICATION U/S 482 No. - 6332 of 2018 Applicant :- Mahaveer Prasad Pal And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
This application u/s 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case no. 1874 of 2004 (State vs. Mahaveer and others) u/s 498-A, 326, 324, 504 IPC, P.S. Dhoomanganj, District Allahabad as well as order dated 26.3.1992 in chargesheet dated 29.11.1991.
Heard applicants' counsel and learned A.G.A. for the State. Record has been perused.
Learned counsel states that the impugned proceeding arising out from the matrimonial dispute and the same are pending since 1992. It is further submitted that with the passage of time both the parties have reconciled and a compromise has been arrived at out of the court and has been filed before the court concerned on 5.2.2018 whose copy has been annexed as annexure- 3 and 4 to the affidavit. Learned counsel submitted that in view of the compromise an application was also moved on the same day for recalling PW-1.
In view of the peculiar facts of the case as the matter pertains to matrimonial dispute, the concerned Magistrate is hereby directed to dispose of the compromise and recall application within a period of 30 days from today. This court is of the opinion that in view of the compromise, learned Magistrate shall consider the recall application sympathetically as both sides have buried their hatchets and have settled all their differences. The concerned court shall also take into account that Hon'ble the Apex court in several judgements has held the proceedings containing non compoundable offences can be quashed on the basis of compromise if the dispute is purely of private nature.
With the aforesaid observation this application is disposed off.
Order Date :- 27.2.2018 Dhirendra/