Court No. - 49
Case :- APPLICATION U/S 482 No. - 28386 of 2018 Applicant :- Ram Ayodhya Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 29.11.2001 as well as the entire proceedings of Case No. 44 of 2002 (State Vs. Ram Dei and others), arising out of Case Crime No. 315 of 2001, under Sections- 498-A, 323 I.P.C. and Section 3/4 D.P.Act, Police Station- Akbarpur, District- Kanpur Dehat, pending in the court of Chief Judicial Magistrate, Kanpur Dehat.
Learned counsel for the applicant submits that the present dispute arises out of matrimonial discord between the applicant and the opposite party no. 2. In the changed circumstances, the opposite party no.2, who was wife of the present applicant does not wish to press the charges against the applicant, since a written compromise dated 31.07.2014 had been reached between the parties. A certified copy of the same has been filed with the supplementary affidavit. The said compromise has been duly verified by the Chief Judicial Magistrate, Kanpur Dehat vide order dated 25.04.2018 in Case No. 44 of 2002.
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 :- 24.8.2018 Lbm/-