Case :- APPLICATION U/S 482 No. - 9061 of 2011 Applicant :- Meeraj Khan And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- Govt.Advocate
Hon'ble Saumitra Dayal Singh,J.
Sri Dileep Singh Yadav, Advocate has filed his affidavit on behalf of the opposite party no.2, which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.3.2010 as well as the entire proceedings of Case No. 174/2010 arising out of Case Crime No. 71/2010, under Sections- 498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station- Bhanwarkol, District- Ghaziabad, pending in the court of Judicial Magistrate, Court No.2, Mohammadabad, Ghazipur.
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. 2. The present criminal case has been lodged against the applicant no. 1 and his other family members but that no real criminal offence had actually occurred.
It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences and they are living together as husband and wife.
He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.
Sri Dileep Kumar Yadav, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the affidavit filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 3.8.2018 , therefore, 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 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.
Order Date :- 23.8.2018 Gaurav Pal