Court No. - 74
Case :- APPLICATION U/S 482 No. - 16868 of 2019 Applicant :- Rajesh Kumar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
A short counter affidavit along with vakalatnama on behalf of the opp.party no.2 has been filed by Sri Surjeet Singh Chahar is taken on record.
Heard Sri Kuldeep Singh Chahar, learned counsel for the applicants, Sri Abhinav Singh, holding brief of Sri Surjeet Singh Chahar, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.
The present application U/S 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 896/IX of 2013, (State Vs. Rajesh Kumar and others) arising out of Case Crime No. 219 of 2012 under Sections 498A, 506, 323 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Highway, District Mathura arising out of impugned chargesheet dated 21.2.2013, pending before learned Additional Chief Judicial Magistrate, (court no. 4th) Mathura.
Learned counsel for the applicants contends that the matter has been compromised between the parties and compromise deed dated 13.7.2016 has been filed as Annexure-3 to the affidavit accompanying the 482 Cr.P.C. application. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicants has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicants in the present case is allowed to go on as no grievance is left to the opp. party no.2, therefore, the present case be finally decided.
Learned counsel for the opposite party no.2 also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.
In view of the fact that the husband and wife 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 dated 13.7.2016, 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, Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed.
Order Date :- 30.4.2019 Gss