Om Prakash Sharma And Another vs State Of U.P.And Another
2015 Latest Caselaw 2061 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 34924 of 2008
 
Applicant :- Om Prakash Sharma And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- J.J. Munir,Ashok Kumar Gupta
 
Counsel for Opposite Party :- Govt. Advocate,S.R. Pandey
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants, Sri Ram Pandey, learned counsel for the opposite party No. 2 and the learned AGA for the State.

The present 482 Cr.P.C. application has been filed for quashing the  charge sheet dated submitted on 20.5.2006   arising out of Case Crime No. 227 of 2006 in  Criminal Case No. 742 of 2007under Sections 323, 504, 506, 498-A  IPC and Section 3/4 D.P. Act, police station New Agra, district Agra pending in the court of Special Chief Judicial Magistrate, Agra.

Vide earlier order of this Court dated 10.12.2008  as well as the order dated  10.4.2009 the matter was referred to the mediation centre.  The mediation centre's report dated, 10.5.2009 which is on record, which shows that parties are willing for the mediation and they are agree to live together.

Learned counsel for the opposite party No.2 contends that the matter has been compromised between the parties and they are living together.

Learned counsel for the opposite party No. 2 does not dispute the fact that compromise has been entered into between the parties and the opposite party No. 2 does not want to pursue the matter any further.

In view of the fact that opposite party no.2 also does not want to proceed with the case and as the matter is purely personal and matrimonial dispute 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 charge sheet dated 20.5.2006 giving rise to Criminal Case No. 742 of 2007  arising out of Case Crime No. 227 of 2006 under Sections 323, 504, 506, 498-A  IPC and Section 3/4 D.P. Act, police station New Agra, district Agra pending in the court of Special Chief Judicial Magistrate, Agra is hereby quashed.

Order Date :- 1.9.2015/Ashish Pd.