HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 35021 of 2008 Applicant :- Ram Kinkar Trivedi And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and the learned AGA for the State.
The present 482 Cr.P.C. application has been filed for quashing the entire proceedings of Complaint Case No. 445 of 2008 (Neelu Devi vs. Ram Kinker Trivedi and others) under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, police station Kotwali, district Fatehpur pending before the learned Additional Chief Judicial Magistrate, Court No.11, Fatehpur.
Vide earlier order of this Court dated 12.12.2008 the matter was referred to the mediation centre. As per the mediation centre's report dated 5.4.2009, which is on record, the applicant no.1-husband and opposite party no.2-wife are ready to live together and have settled their all matrimonial disputes.
In view of the fact that applicant also does not want to proceed the case. 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'bleApex 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 Complaint Case No. 445 of 2008 (Neelu Devi vs. Ram Kinker Trivedi and others) under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, police station Kotwali, district Fatehpur pending before the learned Additional Chief Judicial Magistrate, Court No.11, Fatehpur is hereby quashed.
Order Date :- 1.9.2015 Ashish Pd.