(Court No.53) Criminal Misc. Application No. 5721 of 2008 *** Raman Kumar alias Ravindar Kumar Vs. State of U.P. and another.
Hon'ble D.R. Azad, J Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire Criminal proceedings of Criminal Case No. 105 of 2008 ( State Vs. Raman Kumar and others) under Sections 498A,323, 504 I.P.C. and Sec. 3 / 4 of Dowry Prohibition Act, P.S. Sahabad District Rampur pending in the Court of Judicial Magistrate, Rampur.
Vide order dated 27.3.2008, this Court after hearing counsel for the applicant and learned A.G.A referred the matter to Mediation and Conciliation Centre and directed that no coercive step shall be taken against the applicant in Criminal Case No. 105 of 2008 ( State Vs. Raman Kumar and others) under Sections 498A,323, 504 I.P.C. and Sec. 3 / 4 of Dowry Prohibition Act, P.S. Sahabad District Rampur pending in the Court of Judicial Magistrate, Rampur. The mediation between the parties could not get success. Learned counsel for the applicant has filed application dated 1.4.2009 supported with an affidavit, in which a compromise deed dated 31.1.2009 has been filed as Annexure - 1. In para Nos. 3 & 4 of the compromise deed, it has been mentioned that the parties have entered into compromise out side the court and there is no dispute and differences left between the parties and all disputes and differences have been amicably settled by the parties out side the Court . Copy of the compromise deed has been filed before the Judicial Magistrate, Rampur.
Learned counsel for the applicants have placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon'ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties.
In view of the above decisions of the Hon'ble Apex Court, the proceedings of Criminal Case No. 105 of 2008 ( State Vs. Raman Kumar and others) under Sections 498A,323, 504 I.P.C. and Sec. 3 / 4 of Dowry Prohibition Act, P.S. Sahabad District Rampur pending in the Court of Judicial Magistrate, Rampur. Learned counsel for the applicant is directed to produce certified copy of this order before the Judicial Magistrate, Rampur for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him. With the aforesaid direction, this application is disposed of finally. Dt: 3.2.2010 n.u.