Heard learned counsel for the petitioners and learned counsel for the opposite party no.2 as well as learned AGA.
Counter affidavit filed today on behalf of opposite party no.2 is taken on record.
In the counter affidavit it has been stated that the parties have entered into compromise. A certified copy of the said compromise arrived at between the parties under Section 13 of the Hindu Marriage Act has been placed on record.
Counsel for the parties state that in the compromise both the parties have agreed that they will not pursue the criminal cases as well as other cases pending in different courts. The said compromise also indicates that criminal case pending here is also governed by the said compromise.
Since there is admission and both the parties in dispute are agree that the matter may be decided in terms of the compromise, therefore, the charge sheet against the petitioners under Sections 498-A/323/342/504/506 IPC and 3/4 D.P. Act is liable to be quashed. Law in this regard has been settled by the apex Court in the case of B.S.Joshi and others vs. State of Haryana and another, 2003 AIR 1386 and no useful purpose would be served in prolonging the criminal proceedings any further when the parties have entered into compromise.
The petition is allowed in terms of the compromise. The charge sheet No. 27 of 2009 relating to case Crime No. 73 of 2008 under Sections 498-A/323/342/504/506 IPC and 3/4 D.P. Act of P.S. Mahila Thana Hazratganj, District Lucknow is hereby quashed including consequential proceedings.
The compromise shall form part of this order.
Order Date :- 25.7.2011 BLY