Devendra Singh And Others vs State Of U.P.And Another
2015 Latest Caselaw 2072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 34364 of 2008
 

 
Applicant :- Devendra Singh And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- S.N. Yadav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

The present 482 Cr.P.C. petition has been filed for quashing the criminal proceedings of Case No. 2474 of 2008 (State  Vs. Devendra and others), under Sections 498A, 323 I.P.C. and 3/4 D.P.Act, Police Station Sirsaganj, District Firozabad, pending in the Court of Additional Chief Judicial Magistrate, Firozabad.

Vide earlier order dated 18.12.2008 passed by this Court, the matter was referred to the mediation centre.  Mediation centre's report dated 10.6.2009 which is on record, shows that applicant no.1-husband and opposite party no.2-wife have decided to separate/take mutual divorce on payment of permanent alimony of Rs. 4,50,000/-. It has been intimated that the amount of permanent alimony has been paid over to the opposite party no.2- wife by the  applicant no.1-husband.

The matter is purely personal and matrimonial in nature, 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 Case No. 2474 of 2008 (State  Vs. Devendra and others), under Sections 498A, 323 I.P.C. and 3/4 D.P.Act, Police Station Sirsaganj, District Firozabad, pending in the Court of Additional Chief Judicial Magistrate, Firozabad is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.