Court No. - 23
Case :- APPLICATION U/S 482 No. - 38167 of 2018 Applicant :- Mohd. Farook @ Farookh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Counter affidavit has been filed on behalf of opposite party no.2 is taken on record.
Heard Sri Rajesh Kumar Tiwari, learned counsel for applicant, Sri Bhanu Prakash Singh, learned A.G.A. appearing for the State and Sri J.P. Mishra, learned counsel appearing on behalf of the opposite party no.2 and perused the record.
Learned counsel for applicant has made oral prayer seeking permission to correct prayer clause of application as inadvertently Section 3/4 of Dowry Prohibition Act has been left.
This application has been filed for quashing the Charge Sheet No. 01 of 2018 and cognizance order dated 13.04.2018 and also for quashing of the entire proceeding of S.T. No. 79 of 2018 (State vs. Farook) arising out of Case Crime No. 90 of 2018, under Sections 354 IPC and 7/8 POCSO Act, Police Station - Tronica City, District - Ghaziabad pending before the Sixth Additional District Judge, POCSO Act, Ghaziabad.
Learned counsel for applicant submits that the dispute between the parties is outcome of matrimonial discord. The parties have entered into compromise, which has been brought on record by way of joint affidavit sworn by applicant no. 1 (husband), opposite party no. 2 (wife) and opposite party no. 3 (daughter of o.p. no.2) wherein it has been stated that the matrimonial dispute has been amicably settled between the parties and opposite party no. 2 is living with her husband applicant no. 1 for the last six months'. They do not intend to pursue the matter further. In view of above, the proceedings of aforesaid criminal case may be quashed.
Learned A.G.A. as well as learned counsel appearing on behalf of opposite party no. 2 and 3 also submit that in the counter affidavit sworn by opposite party no. 2, copy of compromise between the parties has been annexed as Annexure No C.A.0- 1 in which it is stated that the dispute between the parties has been amicably settled.
The dispute between the parties is of matrimonial nature, and has been amicably settled between the parties as is evident from the counter affidavit filed on behalf of opposite party no.2. The parties do not want to pursue the case further, as such in the facts and circumstances of the case the proceedings of the aforesaid case are liable to be quashed.
Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, Laws (SC) 2014-3-56.
In view of above, the application is allowed.
The entire proceedings of S.T. No. 79 of 2018 (State vs. Farook) arising out of Case Crime No. 90 of 2018, under Sections 354 IPC and 7/8 POCSO Act, Police Station - Tronica City, District - Ghaziabad pending before the Sixth Additional District Judge, POCSO Act, Ghaziabad, are hereby quashed.
Order Date :- 27.10.2018 A. Tripathi