Court No. - 52
Case :- APPLICATION U/S 482 No. - 6293 of 2018 Applicant :- Pawan Kumar Soni And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Surya Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed today is taken on record.
Heard Sri Surya Prakash Dubey, learned counsel for the applicants and Sri Vivek Kumar Mishra, learned counsel for O.P. No.2 and learned A.G.A. for the State and perused the material on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.2925 of 2016 (State Vs. Pawan Kumar Soni and others), as well as charge-sheet no. 01 of 2016 dated 24.4.2016 arising out of Case Crime No.161 of 2016, under Sections 323, 504, 506, 427, 498(A) IPC and 3/4 Dowry Prohibition Act, P.S. Kotwali, District Basti, pending in the court of Chief Judicial Magistrate, Basti.
It is contended by learned counsel for both the parties that the instant case pertains to matrimonial dispute between applicant no.1 and applicant no.2. It is argued that on efforts made by family members and respectable persons that applicant no.1 and applicant no.2 were living together but ultimately both sides mutually agreed to live separately and have now entered into terms regarding compromise deed dated 12.6.2017 and 12.8.2017 have been filed in the divorce proceedings and in the instant proceedings before the court concerned. It is next contended that affidavits filed in support of present application has been filed jointly by applicant no.1 and applicant no.2 as deponent no.1 deponent no.2. It is afforded in the said affidavit that O.P. No.2 has no objection at all at the proceedings against the applicant no.1 and others are quashed. The terms of compromise between the parties have been demonstrate as annexure nos. 4 and 5 to the affidavit.
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 :- 26.2.2018 AK Pandey