Court No. - 49
Case :- APPLICATION U/S 482 No. - 28966 of 2018 Applicant :- Rahul And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and Sri Amresh Bahadur Tiwari, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the further proceeding of Criminal Case No. 3142 of 2015 (State Vs. Rahul and others), arising out of Case Crime No. 394 of 2015, under Sections 498A, 326, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Sasni, District Hathras, pending in the court of Additional Chief Judicial Magistrate, Hathras on the basis of compromise as well as cognizance order dated 17.10.2015.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant nos. 1 and 2 and two daughters of opposite party no. 2. The present criminal case has been lodged against the applicants but that no real criminal offence had actually occurred.
It is thus submitted that the present criminal prosecution had been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties. With passage of time, the applicants and daughters of opposite party no.2 have been able to resolve their differences and they are living together in matrimony.
He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.
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, in the personal affidavit filed by the opposite party no.2, she has supported the contention advanced by learned counsel for the applicants.
Paragraphs 3 to 5 of the said affidavit reads as under:-
"3. That since applicants and opposite party no.2 have entered into compromise therefore there is no need of para-wise reply and opposite party no.2 did not want to prosecute the applicants and want to withdraw his case.
4. That since parties have entered into compromise therefore there is no chance of conviction of the applicants. As such whole proceeding pending before the court below is nothing but wastage of precious money and time of the court.
5. That in view of the aforementioned facts and circumstances, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quash the further proceeding of Criminal Case No. 3142 of 2015 (State Vs. Rahul and othes), Case Crime No. 394 of 2015, under Sections 498A, 326, 323, 504, 506 IPC, and 3/4 D.P. Act, Police station Sasni, District Hathras, and may further be pleased to quash the cognizance order dated 17.10.2015 passed in afore said case pending before Additional Chief Judicial Magistrate Mathras."
In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise, 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 proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed. Order Date :- 23.8.2018 Mini