Court No. - 73
Case :- APPLICATION U/S 482 No. - 7394 of 2019 Applicant :- Sanjay Jaisawal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Deepak Kumar has filed his vakalatnama on behalf of opposite party no. 2, be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Deepak Kumar, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.2385 of 2001, arising out of Case Crime No.50 of 1998, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, Police Station Collector Ganj, District Kanpur Nagar pending in the Court of A.C.M.M.-IX, Kanpur Nagar Learned counsel for the applicants submits that under some misunderstanding, FIR has been lodged and now both the parties have entered into compromise after filing application under section 9 of Hindu Marriage Act. He further submits that applicant no. 1 and opposite party no. 2 are residing together peacefully as husband and wife and opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Sri Deepak Kumar, learned counsel for opposite party no. 2 has not disputed the said fact and stated at the bar that the disputes have been amicably settled between the parties and they are living as husband and wife peacefully, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle 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 judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 26.2.2019 Arvind