Court No. - 51
Case :- APPLICATION U/S 482 No. - 9774 of 2018
Applicant :- Mohd. Yusuf And 6 Ors
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
A counter affidavit has been filed on behalf of opposite party no.2 in Court today is taken on record.
Heard learned counsel for the applicants, Sri Pradeep Kumar Shukla, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding of case no. 209 of 2015, case crime no. 68/385/2010, U/s 498A, 323, 504, 506 IPC and section 3/4 D. P. Act, P.S. Dhaulana, District Hapur in terms of the compromise deed dated 25.1.2018 pending before the concerned court below.
Learned counsel for the applicant has argued that the parties have entered into a compromise, as it is evident from page 40 of the affidavit, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicants. He further contended opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, 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), J.T. and 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, as prayed.
Order Date :- 30.3.2018 Kuldeep