Prem Chand And Others vs State Of U.P.And Another
2015 Latest Caselaw 2059 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 35125 of 2008
 

 
Applicant :- Prem Chand And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- S.K. Shukla
 
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 complaint case dated 26.8.2008 filed by the opposite party no.2 and its consequential order dated 6.10.2008 passed by the Additional Chief Judicial Magistrate, Bhadohi in Complaint Case No. 2186 of 2008 (Smt. Isarwati Vs. Pream Chand & another) under Sections  498-A, 323, 504 506 IPC, police station Suriyawan, district Sant Ravi Das Nagar, Bhadoi pending before the Court of Additional Chief Judicial Magistrate, Sant Ravi Das Nagar, Bhadohi.

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 17.5.2009 is on record, which shows that applicant no.1-Prem Chand will take his wife Smt. Dhanpati D/o- opposite party no.2-Smt. Isarwati Devi to Mumbai, where he is working at some laundry shop. It is also agreed between the parties that a son born out of their wedlock namely, Nanhe Lal aged about 11 years will stay with her maternal grand mother (Nani) and will study at her residence. For that applicant no.1 will give Rs.600/-per month for the expenses of education and medical health of Nanhe Lal.

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'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  complaint case dated 26.8.2008 filed by the opposite party no.2 and its consequential order dated 6.10.2008 passed by the Additional Chief Judicial Magistrate, Bhadohi in Complaint Case No. 2186 of 2008 (Smt. Isarwati Vs. Pream Chand & another) under Sections  498-A, 323, 504 506 IPC, police station Suriyawan, district Sant Ravi Das Nagar, Bhadoi pending before the Court of Additional Chief Judicial Magistrate, Sant Ravi Das Nagar, Bhadohi is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.