Court No. - 49
Case :- APPLICATION U/S 482 No. - 41590 of 2012 Applicant :- Smt. Nootan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- Govt. Advocate,Shakil Ahmad
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and Sri Shakil Ahmad, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed quashing the impugned summoning order dated 2.11.2011 passed by learned Civil Judge (J.D.)/Judicial Magistrate, Rath, District Hamirpur in complaint case no. 795/2011, Smt. Mamta Vs. Virendra @ Veeru and others, under Sections 498A, 323, 506 IPC, Police Station Rath, District Hamirpur.
Learned counsel for the applicants submits that in the case of another 482 Cr.P.C. Application No. 2841 of 2013 arising from the same case crime number filed by Smt. Shivpati and her husband. This Court had allowed 482 Cr.P.C. Application No. 2841 of 2013 and quashed the proceeding. It is submitted that earlier there existed matrimonial dispute between the opposite party no.2 and her husband Virendra @ Veeru and that the same have since been amicably resolved between the parties. The present applicants who are relatives of Virendra and in any case, they had no concern with the disputes between Smt. Mamta and Virendra.
Sri Shakil Ahmad, learned counsel for the opposite party does not dispute the correctness of the submission advanced by the learned counsel for the applicants.
It is therefore submitted that the present application may also be allowed. In 482 Cr.P.C. Application No. 2841 of 2013 stands allowed by order dated 22.2.2017 quoted below:-
"A joint affidavit filed on behalf of applicants and opp. party no. 2 and vakalatnama filed by Sri Shakil Ahmad, Advocate, on behalf on behalf of opp. party no. 2 be taken on record.
Heard learned counsel for the applicants, learned counsel for the opp. party no. 2,learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed on behalf of applicants to quash the impugned summoning order dated 2.11.2011 passed by learned Civil Judge (JD)/ Judicial Magistrate, Rath, District Hamirpur in complaint case no. 795 of 2011, Smt. Mamta Vs. Virendra @ Veeru and others, under sections 498-A, 323, 506 I.P.C. Police Station Rath, District Hamirpur and the entire proceedings of complaint case no. 795 of 2011, Smt. Mamta Vs. Virendra @ Veeru and others, under section 498-A, 323, 506 I.P.C. Police station Rath District Hamirpur.
Learned counsel for the applicants submits that applicant nos. 1 and 2 are mother-in-law and father-in-law respectively of opp. party no. 2. The marriage of opp. party no. 2 was solemnized with the son of applicants namely Virendra Kumar @ Veeru who escaped away with one Ruchi Sahu. The opp. party no. 2 filed a petition for divorce against her husband Virendra Kumar @ Veeru which has been allowed ex-parte vide judgement and order dated 4.2.2016 and decree of divorce has been passed in favour of opp. party no. 2, copy of the judgement is annexure -3 to the joint affidavit. It has further been submitted that the applicants and opp. party no. 2 have settled their dispute out of court and the opp. party no. 2 does not want to procee d further in the matter.
Sri Shakil Ahmad, learned counsel for the opposite party no. 2 states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case be finally decided.
In view of the fact that the applicants and opposite party no. 2 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 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 summoning order dated 2.11.2011 passed by learned Civil Judge (JD)/ Judicial magistrate, Rath District Hamirpur in complaint case no. 795 of 2011, Smt. Mamta Vs. Virendra @ Veeru and others, under sections 498-A, 323, 506 I.P.C. police Station Rath District Hamirpur and the entire proceedings of the complaint case no. 795 of 2011, Smt. Mamta Vs. Virendra @ Veeru and others, under section 498-A, 323, 506 I.P.C. Police station Rath District Hamirpur. ( annexure-3 ) is hereby quashed.
The present application is accordingly allowed."
Having considered the above prayer, the present application is disposed of on the same terms and conditions.
Order Date :- 25.4.2018 Mini