Court No. - 49
Case :- APPLICATION U/S 482 No. - 16884 of 2018 Applicant :- Vivek Baghel @ Beetu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 546 of 2017 dated 13.12.2017 in Case Crime No. 784 of 2017, under Sections 323, 504, 506 IPC & 3(1)(Y) (C) SC/ST Act, P.S. Kasganj, District Kasganj pending in the court of learned Chief Judicial Magistrate, Kasganj, District Kasganj.
On 15.5.2018, this Court had passed the below quoted order:
"Heard Sri Mohammad Khalid, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing for the State.
It is said that applicant and opposite party no. 2 are brothers-in-law, that is to say, the sister of the applicant is married to opposite party no. 2 and their marriage was against the wishes of the bride's family. This led to heart burning which resulted into a motivated prosecution. It is said that now the parties have settled their differences and wish to live peacefully. A joint affidavit has been filed in support of the present application. The proceedings of this case may be quashed which cannot be compounded as one of the offences charged under Section 3(1) (Y)(C) SC/ST Act is non compoundable.
Looking to the aforesaid state of relationship between the parties and the fact that opposite party no. 2 has supported the aforesaid position, who is represented before this Court by Sri Pawan Kumar Yadav, Advocate, the matter requires to be examined.
Since, it is a State case, response of the State has to be sought. Let a counter affidavit on behalf of the State be filed within two weeks.
Put up on 29.05.2018 in the additional cause list.
Until 29.05.2018, further proceedings in Case No. 576 of 2018 'State vs. Vivek Baghel @ Beetu' as well as Charge Sheet No. 546 of 2017 dated 13.12.2017 in Case Crime No. 784 of 2017 under Sections 323, 504, 506 IPC & 3(1)(Y)(C) SC/ST Act, P.S. Kasganj, District Kasganj pending in the court of learned Chief Judicial Magistrate, Kasganj, District Kasganj shall remain stayed."
Shri Pawan Kumar Yadav, learned counsel for the opposite party no. 2 filed a joint affidavit of applicant and opposite party no. 2. Paragraph nos. 4, 5, 6 and 7 of the said affidavit read as under:
"4. That the fact of the case is that the applicant is the brother-in-law of the complainant and the marriage of the sister of the applicant solemnized with the complainant on 19.5.2015 with the sister namely Smt. Sarita of the applicant without the consent and wishes of the family of the applicant the aforesaid marriage was love marriage and due to this reason between the complainant and applicant some hot talk took place and the complainant lodged the present F.I.R. against him.
5. That during the pendency of the aforesaid case, the parties were willing to settle their dispute out of the Court because the dispute is relates to the matrimonial dispute and after settlement both the parties are ready to file their joint affidavits before this Hon'ble Court regarding the settlement between the parties.
6. That the complainant and applicant after settlement did not want to proceed further in this matter therefore the present proceeding pending against the applicant may be quashed by this Hon'ble Court on the basis of the compromise between the parties.
7. That the complainant did not want to proceed further against the applicant because both are relatives and due to sudden provocation some alteration took place between them and the complainant lodged the case against the applicant but during the pendency of the case, the parents of both the parties intervene in this matter and after that the complainant is ready to settle the dispute and in future they will live happily."
Learned AGA has also filed counter affidavit on behalf of the State. The formal objection appears to have been taken that the offence alleged is non-compoundable.
Having heard learned counsel for the parties, it appears that the dispute is matrimonial discord between applicant and sister of the opposite party no. 2. In view of the fact that the parties have reconciled their differences and the applicant is living with the sister of the opposite party no. 2 as his married wife and there does not survive any dispute between the parties, it would be wholly in the interest of justice to drop the proceedings and allow the parties a second chance in life.
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 :- 21.8.2018 Prakhar