Court No. - 68
Case :- APPLICATION U/S 482 No. - 5969 of 2016 Applicant :- Rafik And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Rathore,Saneev Kumar Counsel for Opposite Party :- G.A.,Rajiv Dwivedi,Sushil Kumar
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed on behalf of opposite party no.2 is taken on record.
Heard Sri Laxmi Narain holding brief of Sri Rakesh Kumar Rathore, learned counsel for the applicants, learned A.G.A., and Sri Sushil Kumar, learned counsel for the opposite party No. 2.
This application under Section 482 Cr.P.C has been filed for quashing the proceedings of Case No. 980/IX/2015 (State Vs. Rafik and others) arising out of Case Crime No. 5 of 2014, under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Chitrakoot, pending in the court of Judicial Magistrate/Civil Judge (J. D.), Chitrakoot.
This is a matrimonial dispute. Learned counsel for the opposite party no.2 has filed an affidavit of opposite party no.2 Smt. Rukshar with assertion that the matter has been amicably settled between the parties.
In this case, matter has been settled between the parties, therefore, no fruitful purpose would be served in keeping this matter pending any further.
In view of the law laid down by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501, the entire proceedings of Case No. 980/IX/2015 (State Vs. Rafik and others) arising out of Case Crime No. 5 of 2014, under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Chitrakoot, pending in the court of Judicial Magistrate/Civil Judge (J. D.), Chitrakoot, is hereby quashed.
Accordingly application under Section 482 Cr.P.C., is allowed. Order Date :- 29.5.2019 AKT