Court No. - 51
Case :- APPLICATION U/S 482 No. - 9781 of 2018
Applicant :- Nishan Singh And 2 Ors Opposite Party :- State Ofu.P. And Another Counsel for Applicant :- Mazhar Ullah
Counsel for Opposite Party :- G.A.,Pradeep Kumar Sharma
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, Sri Pradeep Kumar Sharma, 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 chargesheet submitted in case no. 1107 of 2017, case crime no. 189 of 2017, U/s 498A, 420, 323 IPC and section 3/4 D. P. Act, P.S. Mahila thana, District Rampur pending before the concerned court below.
Learned counsel for the applicant has argued that the parties have already entered into a compromise. He further placed much reliance upon the order dated 2.2.2018, copy of which is annexed as annexure no. 7 to the affidavit accompanying the application, 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