HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 34813 of 2008 Applicant :- Chetan Singh And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- S.R. Verma,A.K. Verma Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
The present 482 Cr.P.C., application has been filed for quashing the proceedings of Criminal Case No. 11296 of 2007 (State Vs. Chetan Singh and others) in Case Crime No. 358 of 2007 under Sections 498-A, 323, 504 I.P.C., and under Section 3/4 D.P.Act, Police Station Shahibabad, District Ghaziabad, pending before learned Chief Judicial Magistrate, Ghaziabad.
Vide earlier order of this Court dated 10.12.2008 the matter was referred to the mediation centre. As per the mediation centre's report dated 22.4.2009 which is on record, the applicant no.1-husband and opposite party no.2-wife have settled their disputes on a permanent alimony of Rs. 4,00,000/- which 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.
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 entire proceedings of Criminal Case No. 11296 of 2007 (State Vs. Chetan Singh and others) in Case Crime No. 358 of 2007 under Sections 498-A, 323, 504 I.P.C., and under Section 3/4 D.P.Act, Police Station Shahibabad, District Ghaziabad, pending before learned Chief Judicial Magistrate, Ghaziabad is hereby quashed.
Order Date :- 1.9.2015 Ashish Pd.