Durvijay And Others vs State Of U.P.And Another
2015 Latest Caselaw 2071 ALL

Citation : 2015 Latest Caselaw 2071 ALL
Judgement Date : 1 September, 2015

Allahabad High Court

Durvijay And Others vs State Of U.P.And Another on 1 September, 2015

Bench: Rajesh Dayal Khare




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 34340 of 2008
 

 
Applicant :- Durvijay And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Hemendra Pratap Singh,Rajeev Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State- respondents.

The present application under Section 482 Cr.P.C., has been filed for quashing the charge sheet dated 28.6.2008 submitted in Case Crime No.210 of 2008 in Case No. 720 of 2008 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P.Act, Police Station Kumpil, District Farrukhabad.

Vide earlier order of this Court dated 17.12.2008 the matter was referred to the mediation centre. Mediation centre's report dated 3.7.2009 which is on record, shows that parties have settled their disputes and have decided 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 as husband and wife and the opposite party no.2 does not want to pursue the matter any further.

In view of the fact that opposie party no.2 also does not want to proceed with the case and the matter is purely personal, 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 Charge sheet of Case Crime No.210 of 2008 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P.Act, Police Station Kumpil, District Farrukhabad is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.