Court No. - 51
Case :- APPLICATION U/S 482 No. - 22468 of 2017
Applicant :- Raju Giri And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prabhakar Chandel
Counsel for Opposite Party :- G.A.,Abhay Raj Yadav
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, Sri. R. N. Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding of S. T. No. 124 of 2014 arising out of case crime no. 428 of 2014, Under section 147, 149, 307, 498A, 323 IPC and section 3/4 D. P. Act, P.S. Karwi, District Chitrakoot pending before the concerned courts below.
A joint affidavit has been filed with the supplementary affidavit dated 22.7.2018 which is that of applicant no. 1 and opposite party no. 2. It has been informed that the compromise has been duly verified and a copy of the order in this regard has been annexed at page no. 11 of the affidavit.
Learned counsel for opposite party no.2 has not disputed the fact that the parties have entered into a compromise. He further contended opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, 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), J.T. and 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, as prayed.
Order Date :- 27.9.2019 Kuldeep