Court No. - 12
Case :- APPLICATION U/S 482 No. - 42232 of 2018 Applicant :- Nagesh Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Vakalatnama filed today by Sri Devendra Kumar Yadav, Advocate on behalf of opposite party No. 3 be taken on record.
Heard Sri Deepak Rana, learned counsel for the applicant, learned AGA for the State and Sri Devendra Kumar Yadav, learned counsel for opposite party no. 3.
The present application under section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings including impugned charge sheet against the applicant in Case No. 23553 of 2018, arising out of case crime No. 152 of 2016 (State Vs. Nagesh), under section 498A, 506 IPC and 3/4 D.P. Act, police station Mundali, District Meerut pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Meerut.
Learned counsel for the applicant submitted that parties have entered into compromise. In support thereof, he has annexed a copy of settlement agreement dated 26.12.2017 as Annexure-3 to the present application. It is submitted that on the basis of compromise, a suit filed by opposite party No. 3 has also been dismissed by Principle Judge, Family Court, Meerut vide order dated 17.09.2017. It is further submitted that now both the parties have filed divorce petition under Section 13B of Hindu Marriage Act and that is also likely to be decided very shortly. It is lastly submitted that under such circumstances, this Court may please to quash the criminal proceeding pending against the applicant.
Sri Devendra Kumar Yadav, learned counsel for opposite party no. 3 has no objection to the prayer made by counsel for the applicant and submitted that it would be in the interest of justice to quash the criminal proceeding pending as the parties have entered into compromise.
In view of above, the applicant and opposite parties do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle 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 judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 28.11.2018 Sartaj