Court No. - 67
Case :- APPLICATION U/S 482 No. - 15855 of 2019 Applicant :- Taufiq And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri Gajendra Pratap Singh, learned counsel for opposite party no. 2 files short counter affidavit today, taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for opposite party no. 2.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the criminal proceedings of Case No. 3759 of 2018 (State Vs. Taufiq and others) as well as impugned charge sheet dated 30.6.2017 arising out of Case Crime No. 217 of 2017, under sections 376D, 377, 504, 120-B, 323 IPC, P.S. C.B.
Ganj, District Bareilly pending in the court of Addl. Chief Judicial Magistrate-IV, Bareilly.
The submission of learned counsel for the applicants is that the present criminal prosecution has been initiated due to domestic differences between the parties. The applicant no. 1 and opposite party no. 2 are husband and wife, there are matrimonial discard between them and due to this reason opposite party no. 2 has levalled wild allegations against the applicant and his family members under sections 376D, 377, 504, 120-B, 323 IPC at P.S. C.B. Ganj, District Bareilly.
Learned counsel for the applicants has drawn the attention of the court whereby contesting parties have settled their dispute out side the court and now she 9opposite party No. 2) is residing peacefully with her husband. She is mother of two kids and they are living with applicant no. 1. Medical report too does not support the incident or gang rape as alleged in the FIR.
Sri Gagendra Pratap Singh, learned counsel for O.P. no.2 too in his short counter affidavit has categorically mentioned in paragraph nos. 4, 5 and 6 that both are living as husband and wife and they have settled their dispute and differences out side the court and no useful purpose would be served to keep the matter pending.
Considering the facts, circumstances of the case, submissions made by learned counsel for the applicants, learned counsel for opposite party no. 2 and in the larger interest of the parties, the criminal proceedings of Case No. 3759 of 2018 (State Vs. Taufiq and others) as well as impugned charge sheet dated 30.6.2017 arising out of Case Crime No. 217 of 2017, under sections 376D, 377, 504, 120-B, 323 IPC, P.S. C.B. Ganj, District Bareilly pending in the court of Addl. Chief Judicial Magistrate-IV, Bareilly is hereby quashed.
Accordingly, the present application is allowed.
Order Date :- 25.4.2019 RPD