Court No. - 72
Case :- APPLICATION U/S 482 No. - 3061 of 2018 Applicant :- Rajan Bhardwaj And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Manoj Kumar Tripathi, learned counsel for the applicants and learned A.G.A. for the State.
As per office report dated 27.9.2019, notice was served upon O.P. No.2 personally, but neither any counter affidavit has been filed nor anybody has put appearance on her behalf.
Present application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings including impugned charge sheet dated 8.12.2010 on the basis of the compromise bearing charge sheet No.363 of 2010 in criminal case No.4175 of 2010 arising out of case crime No.618 of 2010, under Sections 323, 504, 506, 498-A, IPC and Section 3/4 Dowry Prohibition Act, P.S. Phase-2, District Gautam Budh Nagar, pending before the Additional Chief Judicial Magistrate-3rd, Gautam Budh Nagar as well as cognizance order dated 24.12.2010.
It is contended by learned counsel for the applicant that on account of matrimonial differences O.P. No.2 lodged first information report against the applicants in which charge sheet was submitted by the police of the concerned police station. Said proceedings were challenged earlier by way of Application U/S 482 No.15930 of 2011, which was dismissed vide order dated 11.10.2012 and after dismissal of the said application, parties amicably settled their dispute and O.P. No.2 agreed to withdraw all criminal cases and other cases filed against each other. Subsequently, on the basis of the compromise Divorce Petition No.166 of 2013 was filed by the applicant No.1 in which O.P. No.2 was examined as D.W.-1 in which she clearly admitted that she has agreed to live separately and has no objection in case decree of divorce on the basis of mutual consent be granted. In her statement she admitted that she had already received the amount towards alimony in respect of one time settlement.
The averment made in the affidavit filed in support of the application has not been denied by O.P. No.2. The copy of decree of divorce and the statement of O.P. No.2 has been appended by learned counsel for the applicant along with the affidavit.
In view of above, proceedings of the aforesaid case including charge sheet are, hereby, quashed. The application stands allowed.
Order Date :- 30.9.2019 T. Sinha