HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 34459 of 2008 Applicant :- Smt.Nirmala Opposite Party :- The State Of U.P. & Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- Govt.Advocate,Rakesh Kumar Pandey Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State-respondents.
The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 24.5.2008 in Case Crime No. 29-C of 2008, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Jansath, District Muzaffar Nagar, pending in the Court of Additional Chief Judicial Magistrate-Ist, Muzaffar Nagar.
The contention of learned counsel for the applicant is that vide order dated 17.12.2008 passed by this Court, the matter was referred to the mediation centre. Mediation centre's report dated 28.6.2009 which is on record, shows that the dispute which arose with regard to the sale deed dated 11.4.2007 was settled between the parties out side the Court and accordingly Smt. Bhagmali- opposite party no.2 filed her affidavit dated 29.4.2008 before the S.S.P. Muzaffarnagar by specifically stating therein that she is not interested in prosecuting further the accused persons The matter is purely personal 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 charge sheet in Case Crime No. 29-C of 2008, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Jansath, District Mizaffar Nagar, pending in the Court of Additional Chief Judicial Magistrate-Ist, Muzaffar Nagar is hereby quashed.
Order Date :- 1.9.2015 Ashish Pd.