Court No. - 49
Case :- APPLICATION U/S 482 No. - 28491 of 2018
Applicant :- Sanjoy Barua And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no.2 of 2016 dated 05.01.2016 submitted against the applicants as well as the entire proceedings of the case no.346 of 2016 (arising out of case crime no.98 of 2015), under Section 498-A, 323, 328, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, Noida, Gautam Budh Nagar, pending in the Court of C.J.(S.D.)/ FTC., District Gautam Budh Nagar.
Learned counsel for the applicants submits that the present prosecution had arisen out of the matrimonial discord between applicant no. 1 and opposite party no. 2. With passage of time, they have been able to resolve their differences such that they have decided to dissolve their marriage. The applicant no. 1 has paid total sum of Rs. 17 lacs to the opposite party no. 2, of which Rs. 11 lacs is claimed to have been paid to her prior to filing of the present application, and a demand draft no. 864022 dated 27.7.2018 of Rs. 6 lacs drawn at Bank of India in favour of Ms. Monisha Barua (opposite party no. 2), has been handed over to opposite party no. 2 in Court today.
Shri J. B. Singh has filed his appearance slip as well personal affidavit on behalf of opposite party no 2. He does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. Paragraph nos. 5, 6 and 7 of the said affidavit read as under:
"5. That it is pertinent to mention here that the applicant No.1 has also stated in Paragraph No.12 of the affidavit of the present application that as per compromise deed he is ready to give the opposite party No.2 before this Hon'ble Court as the time of hearing of this application and if the applicant No.1 has given a sum of Rs.6,00,000/- to the deponent / opposite party no.2 at the time of hearing of present case before this Hon'ble court then she/ deponent does not wants to press this aforesaid criminal case.
6. That now the deponent / opposite party no.2 and the applicant No.1 had amicably settled their dispute by means of filing compromise / settlement dated 18-11-2017 and they do not wants to press the aforesaid criminal case.
7. That in a view of compromise application alongwith affidavit taken place and the deponent do not want to continue the present case and on the basis of said compromise/settlement dated 18-11-2017 proceeding of Criminal Case No.346 of 2016 (State V. Sanjoy Barua and Others) bearing Case Crime No.98 of 2015 Under Section 498-A/323/328/504/506 IPC and 3/4 D.P. Act, at Police Station Mahila Thana, District Gautam Budh Nagar pending in the Court of Civil Judge (S.D.) / F.T.C. District Gautam Budh Nagar may be quashed."
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 :- 21.8.2018 Prakhar