Court No. - 52
Case :- APPLICATION U/S 482 No. - 6198 of 2018 Applicant :- Vimal Kumar Gautam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dhirendra Kumar Pal, learned counsel for the applicants and Sri Rajnish Dubey, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding of Session Trial No.318 of 2017 (State Vs. Vimal Kumar and others), arising out of charge sheet no.585 of 2017 dated 26.9.2017 in Case Crime No.680 of 2017, under Sections 315, 328, 376 and 506 I.P.C., P.S. Kotwali, District Mainpuri, pending in the court of Additional Session Judge/F.T.C.-II, Mainpuri.
Learned counsel for both the parties have stated that instant matter arises out of matrimonial dispute between the parties and they have amicably arrived at a settlement and a compromise has been entered into between them. At present both the parties are living together. Learned counsel for the applicant has referred to the order dated 17.9.2017 passed in Case No.433 of 2017 whereby the Family Judge, after verifying the compromise deed, has observed that both the parties have aggrieved to live together as husband and wife. The proceedings instituted by opposite party no.2 were dropped. A certified copy of the said order is annexed an Annexure-7 to the affidavit.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 26.2.2018 MN/-