HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 35449 of 2008 Applicant :- Manoj Kumar And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- Govt. Advocate,Smt. Pushpa Singh Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Smt. Pushpa Singh, learned counsel for the opposite party No. 2 and the learned AGA for the State.
The present 482 Cr.P.C. application has been filed for quashing of the charge sheet no. 5 of 2008 dated 29.1.2008 and the entire proceedings of Case Crime No. 461 of 2007 (State vs. Manoj Kumar and others) under Sections 498A IPC and Section 3/4 D.P. Act, police station Usawan, district Budaun pending before learned Judicial Magistrate Ist, Budaun.
The contention of learned counsel for the applicants is that vide earlier order of this Court dated 19.12.2008 the matter was referred to the mediation centre. As per the mediation centre's report dated 25.4.2009 which is on record, shows that applicant no.1-husband and opposite party no.2-wife have decided to live separately on payment of permanent alimony of Rs. 1,50,000/-. It has been intimated that the amount of permanent alimony has been paid over to the opposite party no.2- wife by the applicant no.1-husband.
The matter is purely personal and matrimonial in nature, which has been amicably settled between the parties, no useful purpose would be served in keeping the petition pending.
In view of the fact that applicant also does not want to prosecute the case, and the matter is purely personal and matrimonial, which has been amicably settled between the parties, no useful purpose would be served in keeping the petition pending.
Thus, in view of the well settled principles of law as laid down by the Judgment of 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 Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the present application is allowed and the charge sheet no. 5 of 2008 dated 29.1.2008 and the entire proceedings of Case Crime No. 461 of 2007 (State vs. Manoj Kumar and others) under Sections 498A IPC and Section 3/4 D.P. Act, police station Usawan, district Budaun is hereby quashed.
Order Date :- 1.9.2015 Ashish Pd.