Court No. - 49
Case :- APPLICATION U/S 482 No. - 20344 of 2018 Applicant :- Nitin Kumar Jindal And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.,Arun Kumar Singh,A.K.Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Keshari Nandan Singh, learned counsel for the applicants; Sri Arun Kumar Singh, learned counsel for the opposite party no. 2 and; learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 01.03.2015 as well as the entire proceedings of Criminal Case No.3379 of 2015 (State Vs. Versus Nitin Kumar and Others), arising out of Case Crime No. 358 of 2014, under Sections-498-A, 323, 504, 506, IPC and Section 3/4 D.P. Act, Police Station-Mahila Thana, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Ghaziabad.
3. Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2.
4. Learned counsel for the applicants submits that:-
(i) the FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged;
(ii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iii) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(iv) now the parties have resolved their differences. They have filed a joint application for dissolution of their marriage before the Principal Judge, Family Court, Ghaziabad being Petition No. 682 of 2018.
(v) therefore, in such changed circumstances, the opposite party no. 2 does not wish to press charges against the present applicants.
5. In fact, it is submitted that if the criminal prosecution is allowed to proceed it may create further complication in the otherwise normal relationship that is arising between the hitherto bitterly estranged couple and their families;
6. Sri Arun Kumar Singh, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, paragraph nos. 12 of the counter affidavit read as under :
"12. That the contents of paragraph no. 11 of the affidavit are absolutely correct and as such admitted as stated but it is also pertinent to point out here that said draft no. 247589 dated 07.04.2018 bearing amount of Rs. 2,50,000/- could not be cleared from the bank due to some technical reasons, thus accused applicant no. 1 paid entire amount i.e. Rs. 5,00,000/- to answering opposite party no. 2 by way of RTGS/transfer in her bank account on 11.04.2018 as permanent alimony. True photocopies of the bank statement as well as bank passbook of answering opposite party no. 2 are being collectively filed herewith and marked as Annexure No. CA-2 to this affidavit. It is further submitted here that entire amount (fixed in compromise) has been received by the answering opposite party no. 2 from accused applicants as compensation and nothing is due upon them, thus she has no objection if proceedings of aforesaid case will quashed by this Hon'ble Court."
7. Thus, the applicant no. 1 has paid to opposite party no. 2, Rs. 5 lakhs towards full and final settlement of all her money claim against the applicant for alimony and otherwise.
8. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
9. 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) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
10. The present application is accordingly allowed.
Order Date :- 7.9.2018 VKG