Court No. - 52
Case :- APPLICATION U/S 482 No. - 9681 of 2018 Applicant :- Smt. Sushma Jain And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Short counter affidavit filed on behalf of the opposite party no. 2 is taken on record.
Heard Sri Tapan Kumar Mishra, learned counsel for the applicants, Sri Santosh Singh, who filed Vakalatnama on behalf of opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire criminal proceeding (in terms of compromise) of Case No. 1749/2016 (State vs. Vaibhav Jain and others) u/s 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad, pending before the A.C.J.M. court no. 8, Ghaziabad.
Learned counsel states that the applicants had challenged the present proceeding in Crl. Misc. Application no. 592 of 2018, which was disposed of by order dated 12.1.2018 with a direction to the applicants to appear before the court and obtain bail. Pursuant to the said order, husband Vaibhav appeared before the court and was granted bail; subsequent thereto parties have arrived at a compromise and have settled all their disputes and decided to live separately. In this behalf a compromise was filed before the concerned Magistrate, who referred the matter to Mediation centre Ghaziabad where both the parties appeared and mediation proceeding succeeded; certified copy of the report of the mediation centre has been annexed as annexure -5 to the affidavit.
Learned counsel for the applicant has argued that the compromise has been taken place between the parties, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicant. He specifically stated in para-4 of the counter affidavit that opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise dated 31.10.2017, 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 (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby quashed.
The present application is accordingly allowed.
Order Date :- 27.3.2018 Dhirendra/