Court No. - 52
Case :- APPLICATION U/S 482 No. - 6239 of 2018 Applicant :- Munni Devi And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Lakshman Singh, learned counsel for the applicants and Sri Vijay Singh Senger, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in S.T. No.144 of 2016 (State Vs. Munni Devi and others), arising out of Case Crime No.193 of 2014, under Sections 498-A, 307, 506 I.P.C.and 3/4 of Dowry Prohibition Act, P.S. Mangalpur, District Kanpur Dehat.
Learned counsel for the parties have stated that present case arises out of matrimonial dispute.
The applicant no.1 and opposite party no.2 are present before this Court. On being questioned, they have stated that they are living as husband and wife at her matrimonial home and they have settled their dispute. A certified copy of compromise deed dated 9.10.2017 has been filed which bears photographs and signtures of the applicants and the opposite party no.2.
Learned counsels for the parties submits that no order has been passed on the said compromise application. However, in order to provide quietus to the proceedings and save precious time of the court below, the proceedings in view of the compromise may be quashed by this Court in exercise of inherent powers under Section 482 Cr.P.C.Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 26.2.2018 MN/-