Court No. - 15
Case :- APPLICATION U/S 482 No. - 12297 of 2016 Applicant :- Rashma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Khalil Counsel for Opposite Party :- G.A.,Anil Mullick,Atul Kumar
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A., for the State and learned counsel for the opposite party No. 2. Perused the record.
This application under Section 482, Cr.P.C. has been filed for quashing the cognizance order dated 25.2.2016 as well as charge sheet dated 4.12.2015 in Case Crime No. 172 of 2015 under Sections 498-A, 323, 504, 307 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Meerut pending before the Chief Judicial Magistrate, Meerut.
Learned counsel for the applicants has filed supplementary affidavit today with compromise between the parties.
From perusal of the compromise, it reveals that opposite party (Smt. Tabassum wife of Rashid) has compounded the offence with the applicants.
Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
This is a matrimonial dispute. In this case, matter has been settled between the parties, therefore, conviction of the applicants are least possible.
Accordingly, this application under Section 482 Cr.P.C., is allowed. The entire proceedings of Case Crime No. 172 of 2015 under Sections 498-A, 323, 504, 307 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Meerut is hereby quashed.
Order Date :- 29.11.2018 Jaswant