Court No. - 66
Case :- APPLICATION U/S 482 No. - 7175 of 2013 Applicant :- Nishant Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Randhir Singh Counsel for Opposite Party :- Govt. Advocate,Jai Shanker Malviya
Hon'ble Rajul Bhargava,J.
Heard Sri Randhir Singh, learned counsel for the applicants and Sri Jai Shanker Malviya, 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 the proceedings of Case No. 6008 of 2011 (State Versus Nishant Sharma and another) arising out of Case Crime No. 137 of 2010, under Sections 498A, 323, 504, 506, I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad, pending before learned Additional Chief Judicial Magistrate, Court No.6, District Moradabad.
Learned counsel for the applicants has stated that present case arises out of matrimonial dispute between the husband and wife and this Court has stayed the proceeding of the case. In the meantime, the parties have entered into a compromise and filed a joint compromise application before Additional Chief Judicial Magistrate, Court No.6, Moradabad on 18.10.2012 and respondent no.2 received a bankers cheque no.252102 dated 16.10.2012 of Rs.4,90,000/-State Bank of India, Branch Katghar, District Moradabad. The copy of joint application for compromise and compromise deed dated 18.10.2012 has been annexed as Annexure-SA-1 to the supplementary affidavit. It is further submitted that on the basis of compromise, a divorce petition has been preferred in which an application under Section 13-B of Hindu Marriage Act was also submitted by the parties with mutual consent and in terms of compromise, an order was passed by the court of Principal Judge, Family Court, Moradabad. 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.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
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 :- 18.12.2019 MN/-