Court No. - 49
Case :- APPLICATION U/S 482 No. - 25192 of 2018 Applicant :- Manoj And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Kuldeep Kumar, learned counsel for the applicants, Sri Sunil Kumar Gaur, learned counsel for the opposite party no.2 and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 90 of 2018 dated 24.03.2018 and entire proceeding of Criminal Case No. 2077 of 2018, arising out of Case Crime No. 417 of 2016, under Sections- 498A, 323, 452, 504 I.P.C. and 3/4 D.P.Act, 1961, Police Station Shikarpur, District Bulandshahr.
Learned counsel for the applicants submits that arising out of marital discord between the applicant no.1 and the opposite party no.2. It is then submitted that such prosecution had arisen out of misunderstanding and misgiving between the parties and that the opposite party no.2 does realize that there was neither any criminal intent on part of the applicants nor any offence was committed by them.
It has further been stated that the opposite party no.2 does not wish to press charges against the applicants and that the applicant no.1 and opposite party no.2 are living in matrimony.
Sri Sunil Kumar Gaur, Advocate has filed appearance slip and also a personal affidavit (short counter affidavit) of opposite party no.2. Paragraphs 2, 3, and 4 of the said counter affidavit reads as under:
"2. That, on 23.06.2018 opposite party no.2 Smt. Pinki moved an application alongwith affidavit before the S.S.P. District Bulandshahr in respect of compromise and stated that compromise has been entered between them and opposite party no.2 and the applicant no.1 are living as husband and wife and there is no any dispute is remain and she does not want to initiate any proceeding against the husband Manoj alonwith in- laws-family therefore, on the basis of the compromise entire criminal proceeding is liable to be finished. A photo copy of the application alongwith affidavit and affidavit of Manoj and Ashok dated 23.06.2018 is being filed herewith and marked as Annexure No. C.A.1 to this affidavit.
3. That, it is relevant to mention here that compromise has been entered between the opposite party no.2 and applicant no.1 for living jointly therefore, O.P. No. 2 has no objection for allowing the present criminal misc. application and also has on objection for quashed the entire further proceeding of the Criminal Case No. 2077 of 2018 arising out of Case Crime No. 417 of 2016, U/s 498A, 323, 452, 504 IPC and Section 3/4 D.P.Act 1961, P.S. Shikarpur, District Bulandshahr.
4. That on the basis of the aforesaid circumstances criminal misc. application of the applicants is liable to be rejected by this Hon'ble Court."
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.
The present application is accordingly allowed. Order Date :- 26.7.2018 Lbm/-