Court No. - 49
Case :- APPLICATION U/S 482 No. - 10012 of 2018
Applicant :- Smt. Nidhi Tiwari And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and Sri P.N. 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 to quash the impugned charge sheet dated 3.10.2017, cognizance order dated 18.1.2018 passed by Additional Chief Metropolitan Magistrate, Ist, Kanpur Nagar in Case No. 2674 of 2018, State Vs. Nidhi Tiwari and others arising out of Case Crime No. 488 of 2017, under Sections 147, 323, 504, 506, 452 IPC, Police Station Naubasta, District Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate, Ist, Kanpur Nagar.
Learned counsel for the applicants submits that the earlier dispute had arisen on account of marital discord between the applicant no.1 and her husband. Opposite party no.2 who is the applicant's mother in law had lodged an FIR alleging the commission of offence under Sections 147, 323, 504, 506, 452 IPC. However, with the passage of time the marital discord between the parties have been resolved inasmuch as the parties are agreed to seek divorce with mutual consent. Those proceedings are stated to be pending. Also to facilitate the aforesaid divorce with mutual consent, the parties to the present dispute decided to withdraw the case lodged each other as they realize that the aforesaid cases had come to be filed in view of misunderstanding and misgiving between them and there was no criminal intent on the part of the applicants or opposite party no. 2. Further, no offence as alleged had in fact had ever been committed. Thus, the opposite party no.2 has agreed to withdraw the case against the applicants.
Affidavit of the first informant-opposite party no.2 has been filed by Sri P.N. Singh, learned counsel on behalf of the said opposite party no.2. In that affidavit, in effect to the submission advanced by learned counsel for the applicants has been accepted.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Supreme 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. Thus, at present, there does not appear any hope of the witnesses testifying in support of the prosecution case. Thus, no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it cannot be denied that the parties have entered into compromise and have resolved their differences amicably. In view of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) this court in exercise of its inherent power under section 482 Cr.P.C. may quash the proceedings since the dispute between the parties had arisen on account of marital discord and the same have since been amicably resolved between the parties.
Hence, considering the facts and circumstances of the case; nature of offence alleged and; total improbability of any credible evidence being led to testify in favour of the prosecution case, the proceedings in the aforesaid case are hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 28.3.2018 Mini