Javed Hasan @ Pappu And Others vs State Of U.P. And Another
2015 Latest Caselaw 2941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 24772 of 2011
 
Applicant :- Javed Hasan @ Pappu And Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- M.A. Siddiqui
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Tahizul Hasan, Advocate holding brief of Sri M. A. Siddiqui, learned counsel for the applicants and Sri R. K. Mauray, learned AGA appearing for the State and perused the record.

By means of this application filed under Section 482 Cr.P.C., the applicants have prayed for quashing of the proceedings of Case No. 366 of 2011 (Smt. Shamim Vs. Javed Hasan and others), under Section 12 of Domestic Violence Act, Police Station Aitmadduddula, District Agra, pending before the ACJM, Court No.12, Agra.

It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 12.08.2011 had referred the matter to the Mediation and Concilliation Centre of this Court where settlement agreement had arrived on 13.09.2012 between the parties, copy of which is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 13.09.2012 before the Mediation and Conciliation Centre of this Court, the present proceedings against the applicants is hereby quashed as the institution of criminal proceeding is no longer subsists and the nature of the offences with which the applicants have been charged.

The petition is allowed.

Office is directed to send certified copy of this order to the court concerned for necessary information and follow up action if so, required.

Order Date :- 6.10.2015

VKG