Smt. Angoori Devi And 6 Ors vs State Of U.P. And Another
2015 Latest Caselaw 2062 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 16379 of 2014
 
Applicant :- Smt. Angoori Devi And 6 Ors
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Lalit Srivastava,Ankur Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants, Sri S.S.Chauhan, learned counsel for opposite party no.2  and learned A.G.A. for the State.

Counter affidavit filed by Sri S.S.Chauhan on behalf of opposite party no.2, is on record. 

The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 2.9.2013 as well as cognizance taking order dated 9.12.2013 passed in Criminal Case No. 648 of 2013 (Case Crime No. 174 of 2012) (State Vs. Gulab and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana Rakabganj,  District Agra.

It is contended by learned counsel for the applicants that applicant no.7- husband and the opposite party no.2-wife have entered into compromise/mutual settlement agreement  and compromise deed dated 12.6.2013 has also been filed as Annexure No.2 to the affidavit of the present 482 Cr.P.C. application.

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 further with the case, and 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 Criminal Case No. 648 of 2013 arising out of Case Crime No. 174 of 2012 (State Vs. Gulab and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana Rakabganj,  District Agra is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.