Court No. - 72
Case :- APPLICATION U/S 482 No. - 1788 of 2017 Applicant :- Mahesh Chandra Singhla And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.,Dhirendra Kumar Pal
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajnish Dubey, learned counsel for the applicants, Sri Dhirendra Kumar Pal, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.07.2016 as well as the entire proceedings of Case No.1305 of 2016 (State Vs. Ghanshyam Singla & Others), under Sections-498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Mahila Thana, District-Ghaziabad, pending before A.C.J.M. VIII, Ghaziabad.
3. Learned counsel for the applicants submits that arising from matrimonial discord between opposite party no.2 and Ghanshyam Singhla (son of the applicants), wholly false criminal prosecution has been lodged against the applicants who are the parents of the said Ghanshyam Singla. Then, it has been submitted that the matrimonial discord between the aforesaid parties has been resolved before the Mediation Centre, Dwarka Court, New Delhi, where settlement agreement was drawn between those parties and the present applicants on 03.04.2012. A perusal of the said agreement reveals that the opposite party no.2 had agreed to withdraw from the criminal prosecution, subject to payment of Rs.6,00,000/- by the said Ghanshyam Singla. Of that, Rs.4,00,000/- has already been paid over to the opposite party no.2 which has also been recited in the said agreement. The balance Rs.2,00,000/- is to be paid to her upon the present criminal prosecution being dropped against the applicants as also against the said Ghanshyam Singla.
4. As to the status or proceeding against the said Ghanshyam Singla, it has been stated that he is facing trial and at present there is no 482 Application or other petition filed by him to quash the criminal proceeding. The aforesaid facts are admitted by learned counsel for the opposite party no.2.
5. In view of such fact, no useful purpose would be served in keeping the present application pending any further and permitting the criminal prosecution to continue.
6. Accordingly, the present application is allowed, subject to payment of Rs.2,00,000/- to the opposite party no.2 by Ghanshyam Singla. In case of default being made with respect to the aforesaid payment, it shall remain open to the opposite party no.2 to file for recall of this order.
Order Date :- 29.5.2019 S.Chaurasia