Court No. - 49
Case :- APPLICATION U/S 482 No. - 25113 of 2018 Applicant :- Shah Saud And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant, 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 entire proceeding of Case No. 1440 of 2013, under Section 323, 504, 506 I.P.C., arising out of Case Crime No. 586 of 2012, Police Station- Colonalganj, District Allahabad, pending before the Special Chief Judicial Magistrate, Allahabad, including charge-sheet on the basis of the compromise dated 26.7.2017.
Learned counsel for the applicant submits that parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 26.7.2017, such that opposite party no. 2 does not wish to press charges against the applicants, therefore, no useful purpose would be served in proceeding with the matter further. It is further submitted that the present prosecution had been lodged upon certain misunderstandings and misgivings that had arisen between the parties at the relevant time and neither there was any criminal intent nor any offence was ever committed by the applicants.
Shri Rizwan Ahmad Siddiqui has filed his appearance slip as well as personal affidavit on behalf of opposite party no. 2 today, which is taken on record. Paragraph nos. 6, 7 and 8 of the said affidavit reads as under:
"6. That it is further submitted that during the pendency of the various criminal cases instituted by the depondent against the applicant no. 1 and his relatives have been either withdrawn or quashed by this Hon'ble Court on the basis of the compromise taken place between the applicant no. 1 and opposite party no. 2.
7. That the deponent/opposite party no. 2 is residing with her husband/applicant no. 1 in his house with daughter Km. Mariyam happily and now the matrimonial disputes between the parties have been settled.
8. That in view of the aforesaid facts and circumstances, the case may also be decided on the terms of the compromise litigation may be dropped in the interest of justice. A true copy of the compromise dated 26.7.2017 has already been annexed as Annexure No. 4 of the affidavit filed in support of application under Section 482 Cr.P.C."
Learned counsel appearing for the opposite party no. 2 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.
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 :- 26.7.2018 Prakhar