Court No. - 49
Case :- APPLICATION U/S 482 No. - 24331 of 2018 Applicant :- Sonu Tyagi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anjit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Anjit Kumar, learned counsel for the applicants, Sri Vikash Chandra Tiwari, learned counsel for the opposite party no.2 and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.04.2017 and the entire proceeding of Case No. 2581 of 2018 (State Vs. Sonu Tyagi and others), arising out of Case Crime No. 1889 of 2016, under Sections, 498A, 504, 506 IPC and Section 3/4 D.P.Act, Police Station Vijay Nagar, District Ghaziabad, pending in the Court of Addl. Chief Judicial Magistrate, Court No.2, District Ghaziabad.
Learned counsel for the applicants submits that the present prosecution arises out of marital discord between the applicant no.1 and the opposite party no.2, which has been settled through compromise, inasmuch as the marriage between the parties has already been dissolved and proof thereof, a copy of the judgement and decree dated 10.02.2018 passed in Suit No. 1328 of 2017 by the Principal Judge, Family Court, Ghaziabad has been annexed with the affidavit filed in support of the present application, by which decree of marriage stands dissolved.
Sri Vikash Chandra Tiwari, Advocate has filed his Vakalatnama on behalf of the opposite party no.2 as also personal affidavit (short counter affidavit) of the said opposite party. Paragraphs 2, 3 and 4 of the said short counter affidavit reads as under:
"2.That applicant/opposite party no.2 read the entire application and she admit the compromise and paragraph no. 12 of divorce petition and she is ready to withdrawn the case no. 2581 of 2018 (State Vs. Sonu Tyagi and others) as well as charge dated 11.04.2017 in case crime no. 1889 of 2016 under Sections 498A, 504, 506 IPC and 3/4 D.P.Act, Police Station- Vijay Nagar, District Ghazibad pending in the court of A.C.J.M., Court No.2, District Ghaziabad against the applicants.
3. That applicant/opposite party no.2 ready to withdrawn the present case and she not want to prosecute the present case against the applicants.
4. That in the light of the above facts and averments this Hon'ble Court may kindly be pleased to allow the application u/s 482 Cr.P.C. of the applicants and quashed the entire proceeding of the present case."
In view of the fact that the parties do not wish to pursue the case any further as stated by them, therefore, no useful purpose would be served in proceeding with the matter further.
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 :- 31.7.2018 Lbm/-