Court No. - 32
Case :- APPLICATION U/S 482 No. - 17507 of 2018 Applicant :- Mukesh Jain Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Short counter affidavit filed by counsel Sri Virendra Singh, learned counsel for the opposite party no. 2 is taken on record.
Heard learned counsel for the applicant, Sri Virendra Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge-sheet dated 26.9.2014 in Case No. 52127 of 2015 (State of U.P. vs. Mukesh Jain) arising out of Case Crime No. 709 of 2014 under Section 279, 338, 120B IPC, P.S. New Agra, Agra and cognizance order dated 18.1.2015.
The applicant and opposite party no. 2 are husband and wife. Earlier this Court in Application under Section 482 No. 37830 of 2017 (Mukesh Kumar Jain vs. State of U.P. and another) had quashed the proceedings upon compromise being entered into by the parties.
In the instant case, learned counsel appearing for the opposite party no. 2 has filed a short counter affidavit contending that the parties have compromised the case and do not wish to pursue the matter. The same has been averred in paragraphs - 7, 8, 9 and 10 of the affidavit filed today.
Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the applicant and opp. party No. 2 have compromised the dispute and as such opp. party No.2 has no objection in quashing the criminal proceedings against the applicant. The opp. party No. 2 is ready to withdraw the prosecution of the applicant and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the applicant finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute being matrimonial in nature and have been amicably settled between husband and wife.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
The present application under Section 482 Cr.P.C. stands allowed.
Order Date :- 28.5.2018 S.Prakash