Court No. - 48 Case :- APPLICATION U/S 482 No. - 45442 of 2018 Applicant :- Rahul And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.,Abhishek Gupta Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of complaint case no. 55 of 2017 (Smt. Kavita Vs. Rahul and others), under Sections 12, 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act (hereinafter referred to as the Act), P.S. Jevar, District Gautam Budh Nagar pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Jevar, district Gautam Budh Nagar.
Learned counsel appearing for both the parties state that dispute between the parties has been settled. Petition filed under Section 13-B of Hindu Marriage Act has also been allowed and decree has been passed. Thus proceedings of the aforesaid complaint be quashed. At this juncture learned counsel for the parties referred to the report of the Mediation Centre dated 4.7.2018 annexed as Annexure No.-6 to the application.
On the other hand, learned counsel for the opposite party no. 2 submits that since the dispute between the parties has been settled, opposite party no. 2 has no objection if the proceedings of the aforesaid complaint case pending before the trial court is quashed.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.
Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the above, the Application u/s 482 Cr.P.C. is allowed.
The entire proceedings of complaint case no. 55 of 2017 (Smt. Kavita Vs. Rahul and others), under Sections 12, 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act (hereinafter referred to as the Act), P.S. Jevar, District Gautam Budh Nagar pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Jevar, district Gautam Budh Nagar against the applicants are quashed in terms of compromise.
Order Date :- 25.2.2019 Sachdeva