Court No. - 49
Case :- APPLICATION U/S 482 No. - 28870 of 2018 Applicant :- Mohammad Waseem And 3 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and Sri Sanjay Kumar Srivastava, learned counsel for the opposite party nos. 2 and 3.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 3.4.2018 and cognizance order dated 3.7.2018 as well as the entire proceeding of Case No. 1848/9 of 2018 (State Vs. Mohammad Waseem & others), Case Crime No. 661 of 2016, under Sections 498A, 323, 504, 506 IPC & Section 3/4 of D.P. Act, Police Station Lisarigate, District Meerut.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and opposite party no. 3. However, with passage of time the parties have been able to resolve their dispute and differences such that the applicant no.1 and opposite party no.3 have dissolved their marriage and had parted company. In change circumstance, the opposite party no.3 does not wish to press charges against the applicants. It is further stated that amount of Rs. 1,50,000/- had already been paid by the applicant no.1 to the opposite party no.3.
Sri Sanjay Kumar Srivastava has filed his appearance on behalf of opposite party nos.2 and 3 and also filed a joint affidavit of applicant no.1 and opposite party nos. 2 and 3, is taken on record.
Learned counsel for the opposite party no.3 does not dispute the correctness of the submission made by learned counsel for the applicants.
Paragraphs 3, 4 and 5 of the said affidavit reads as under:-
"3. That during the pendency of the impugned proceeding the parties have entered into the compromise for living separately as such the compromise deed was prepared in the form of affidavit on 24.7.2018 containing the detail terms and conditions of settlement.
4. That therefore the averments as shown in the affidavit under reply, filed in support of the Criminal Misc. Application U/s 482 Cr.P.C. including the documents annexed therein are not disputed rather they are accepted by the answering opposite party Nos. 2 and 3. And if the proceeding in question is quashed by this Hon'ble Court, the answering opposite party nos. 2 & 3 have no objection at all.
5. That in view of the aforesaid facts and circumstances it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to accept the present counter affidavit and to keep it on record as a part of the present case, otherwise the opposite party nos. 2 & 3 will suffer an irreparable loss and injury"
In view of the fact that the parties 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, 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.
The present application is accordingly allowed. Order Date :- 21.8.2018 Mini