Court No. - 49
Case :- APPLICATION U/S 482 No. - 5150 of 2018 Applicant :- Mahendra Kumar And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.,Vishnu Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 & 3 and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 09.09.2016, cognizance order dated 15.12.2016 as well as the entire proceedings of Case No. 5459 of 2016, arising out of Case Crime No. 38 of 2016, under Section- 498A I.P.C., Police Station- Civil Lines, District- Etawah, pending in the court of C.J.M., Etawah.
4. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 3.
5. Learned counsel for the applicants further submits that:-
(i) though the dispute between the parties were purely civil and private in nature, arising out of matrimonial discord between the parties;
(ii) the FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged;
(iii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iv) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(v) the parties have decided to dissolve their marriage. In this regard, a petition for dissolution of the marriage between the parties has been filed at Family Court, Gwalior at M.P., being Petition No. 671A of 2017;
(vi) further, the applicant no. 1 has deposited Rs 6,70,000/- with the aforesaid court to be released in favour of opposite party no. 3 upon divorce decree being granted. The written compromise reached has also been duly verified by the learned court below. Copies of such documents have been annexed with the supplementary affidavit filed today and;
(vii) therefore, in such changed circumstances, the opposite party nos. 2 and 3 do not wish to press charges against the present applicants.
6. Learned counsel for the opposite party nos. 2 and 3 does not dispute the correctness of the submission made by learned counsel for the applicants.
7. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
9. The present application is accordingly allowed. Order Date :- 26.9.2018 Prakhar