HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 42229 of 2011 Applicant :- Chand Kumar Bhati And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Some Narayan Mishra,Vivek Kumar Singh Counsel for Opposite Party :- Govt.Advocate,R.C.Yadav,Sikandar B.Kochar Hon'ble Ramesh Sinha,J.
Heard Sri Vivek Kumar Singh, learned counsel for the applicants, Sri Sikandar B. Kochar, learned counsel appearing on behalf of Opposite Party No.2 and Sri Tariq Makhbool Khan, learned AGA appearing for the State and perused the record.
This application has been filed by the learned counsel for the applicants for setting-aside the charge-sheet dated 30.08.2011 filed in Case Crime No. 844 of 2011, Police Station Sahibabad, District Ghaziabad, under Section 498-A, 323 and 3/4 Dowry Prohibition Act, and further prayed for stay the further proceeding of the aforesaid case.
The another Bench of this Court has passed the order dated 28.08.2015, in Application under Section 482 Cr.P.C. No. 42197 of 2011(Saurabh Vs. State of U.P. and another), the same is quoted as under:-
"A joint affidavit of compromise has been filed on behalf of the parties duly sworn by the applicant, Saurabh Bhati as well as opposite party no.2/ informant, Smt. Sarla Devi and Smt. Sheetal Chauhan (victim). The said deponents are also present before the Court today. The applicant, Saurabh Bhati has been identified by Shri Vivek Kumar Singh, Advocate and Smt. Sarla Devi and Smt. Sheetal Chauhan have been identified by Shri Sikandar B. Kochar, Advocate.
The aforestated parties have agreed to settle their dispute amicably according to the terms and conditions as mentioned in the joint affidavit. It has been mentioned in the joint affidavit that permanent alimony of Rs.28 lakh in the shape of bank drafts shall be handed over to the opposite party no.2, Smt. Sarla Devi or her daughter Smt. Sheetal Chauhan at the time of quashing/ withdrawal of the cases mentioned in paragraph no.5 of the said affidavit.
Learned counsel for the parties have also submitted that four bank drafts amounting Rs.28 lakh have been deposited in the custody of Registrar General of this Court, but the date of said bank drafts has elapsed and they requested that the said bank drafts may be returned to the applicant or his counsel Shri Vivek Kumar Singh, Advocate for re-validating the said bank drafts, so that the said bank drafts may be handed over to the opposite party no.2 or her daughter.
Considering the aforesaid request of the learned counsel for the parties, Registrar General of this Court is directed to return the said bank drafts to the applicant or his Counsel for re-validating the same within a week.
List this case on 22.09.2015. On that date the applicant and opposite party no.2, Smt. Sarla Devi or her daughter, Smt. Sheetal Chauhan may remain present before the Court so that final orders may be passed and bank drafts of permanent alimony may be handed over."
It is submitted by Sri Sikandar B. Kochar, learned counsel for the opposite party no.2 that the opposite party no.2 Smt. Sarla Devi, wife of Late Suresh Singh, is present in the Court. She has been identified by her counsel Sri Sikandar B. Kochar.
Vivek Kumar Singh, learned counsel for the applicants also submits that Sri Chandra Kumar Bhati, who is father-in-law of daughter of opposite party no.2 and applicant no.1 in the present case is also present before the Court. He has been identified by his counsel Sri Vivek Kumar Singh.
In pursuance of the order dated 28.08.2015, the four drafts amounting of Rs.28 lacs have been given by Sri Vivek Kumar Singh, learned counsel for the applicants, to Sri Sikandar B. Kochar, learned counsel for the opposite party no.2, which is handed over to Smt. Sarla Devi wife of late Sri Suresh Singh, the opposite party no.2, who is the mother of Smt. Shital Chauhan. It is stated that Smt. Shital Chauhan at present living in Australia and Sri Gaurav Bhati is also living in Australia.
It has been submitted by the learned counsel for the applicants that in pursuance of the order dated 28.08.2015 passed by another Bench of this Court, the compromise has been taken place between the parties, hence the proceeding of the present case be quashed against the applicants.
Learned counsel for the applicant in support of his contention has placed reliance on the judgement of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the applicants and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants. The opp. party No. 2 is ready to withdraw the prosecution of the applicants and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
Learned counsel for the opposite party no.2 has admitted the fact of compromise, hence he has no objection for quashing the aforesaid proceeding initiated against the applicants. The learned AGA also stated that he has no objection, if the proceeding are quashed.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the applicants finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute being matrimonial in nature and have been amicably settled between husband and wife.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 22.9.2015/VKG