Court No. - 15
Case :- APPLICATION U/S 482 No. - 18388 of 2018 Applicant :- Sarvesh Singh@Sobaran Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Ghan Shyam Das Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
A short counter affidavit on behalf of opposite party no. 2 along with Vakalatnama of Shri Hemant Kumar Singh, Advocate has been filed today and the same is taken on record.
Heard Shri Kamal Krishna, learned Senior Advocate assisted by Shri Ghan Shyam Das, learned counsel for the applicant, learned A.G.A. for the State and Shri H.K. Singh, learned counsel for opposite party no. 2.
It is contended that this is the second application under section 482 Cr.P.C. Applicant along with six others had earlier filed an application being Application U/S 482 No. 16383 of 2014 (Rekha vs. Sarvesh Singh @ Sobaran Singh and others) which was dismissed against applicant on 12.05.2014 while proceedings in respect of other accused were stayed. Subsequently, a compromise has taken place between the parties and in pursuance there of applicant and opposite party no. 2 are now happily living together and no dispute remains between both of them.
In the short counter affidavit that has been filed today in Court, opposite party no. 2 has stated the same things saying she has resolved her dispute with the applicant amicably and is now happily living with him at his house. She has also stated that in view of compromise arrived at, she does not want to contest the criminal case against the applicant any further.
Considering that after the dismissal of first 482 application filed by the applicant, a new development has taken place and applicant and his wife have resolved their dispute amicably by way of compromise and in pursuance thereof now they are happily living together and opposite party no. 2 does not want to contest the criminal case against the applicant any further, keeping proceedings of the criminal case alive any further would be nothing but waste of time of the court.
Accordingly, application is allowed.
Proceedings of Complaint Case No. 02 of 2013 (Rekha vs. Sarvesh Singh @ Sobaran Singh & others), under section 498-A, 323, 506 I.P.C., Police Station Chhibramau, District Kannauj, pending in the court of Judicial Magistrate, Chhibramau, District Kannauj are quashed.
Order Date :- 28.5.2018 Bhanu