Court No. - 49
Case :- APPLICATION U/S 482 No. - 25331 of 2018 Applicant :- Zakir And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,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 to quash the charge sheet dated 30.10.2017, cognizance order dated 08.06.2018 as well as the entire proceedings of Case No. 2461 of 2018 (State Vs. Zakir & Others), arising out of Case Crime No. 463 of 2017, under Sections- 376, 342, 323, 504, 506, 452 I.P.C., Police Station- Swar, District- Rampur, pending in the court of A.C.J.M.-I, Rampur.
Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 5 and the opposite party no. 2. The present criminal case has been lodged against the applicant no. 5 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 Mohd. Asif, 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 personal affidavit filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.
Paragraph nos. 4, 5 and 6 of the said personal affidavit reads as under :
"4. That in the meantime parties entered into compromise outside of the court and now the opposite party no. 2 used to living with her husband and other family members without any complaint and further the parties jointly move application along with affidavit dated 22.6.2018 before the court of Additional Chief Judicial Magistrate-I, Rampur made request to decide the case accordingly. A copy of application along with affidavit dated 22.6.2018 is being filed herewith and marked as Annexure no.1 to this affidavit.
5. That there is no dispute remains between the parties and further stated that the informant/opposite party no.2 doesn't want to proceeds further proceeding in the matter, seeing the future of children.
6. That in view of the facts and circumstances narrated above, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to have the present affidavit on record and decide the case in view of compromise dated 22.6.2018 entered between the parties, so that justice may be done."
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 22.06.2018. 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 :- 27.7.2018 Abhilash