Court No. - 85
Case :- APPLICATION U/S 482 No. - 943 of 2021 Applicant :- Virendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A.,Shiv Prakash,S P Tiwari
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 21.6.2019 as well as the entire proceedings of Case No. 1230 of 2019 (State Vs. Virendra Kumar and others), arising out of Case Crime No. 162 of 2018, under Sections- 498A, 323, 506, 313 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Deuriya Kalan, District- Pilibhit, pending in the court of A.C.J.M., Court No.1, Pilibhit.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2. The present criminal case has been lodged against the applicant no. 1 and his other family members but that no real criminal offence had actually occurred.
It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences and they are living together as husband and wife.
He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.
Sri S P Tiwari, learned counsel for the opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the counter filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.
Paragraph no. 11 of the said counter affidavit reads as under :
"That the contents of paragraph no.14 of the affidavit of criminal misc. application are matter of record and right and accepted. A photo copy of compromise affidavit dated 27.10.2020 is filed here with and marked as Annexure no.C. A-1 to this affidavit."
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 27.10.2020, 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 :- 13.8.2021 shiv