Tarun Kumar And Others vs State Of U.P.And Another
2015 Latest Caselaw 2073 ALL

Citation : 2015 Latest Caselaw 2073 ALL
Judgement Date : 1 September, 2015

Allahabad High Court

Tarun Kumar 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. - 34617 of 2008
 
Applicant :- Tarun Kumar And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Kapil Tyagi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

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

The present 482 Cr.P.C. petition has been filed for quashing the summoning order dated 21.8.2008 in Complaint Case No. 586 of 2008 (Smt. Renu Vs. Tarun Kumar and others), under Section 406 I.P.C., Police Station Babugarh, District Ghaziabad, pending in the Court of Judicial Magistrate, Hapur Ghaziabad.

The contention of learned counsel for the applicant is that vide order dated 18.12.2008 passed by this Court, the matter was referred to the mediation centre. Mediation centre's report dated 10.1.2010 which is on record, shows that applicant no.1 (husband) and opposite party no.2 (wife) have settled their disputes on a permanent alimony of Rs. 3,25,000/- which has been paid over to the opposite party no.2 (wife) by the applicant no.1 (husaband).

The matter is purely personal 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 summoning order dated 21.8.2008 in Complaint Case No. 586 of 2008 (Smt. Renu Vs. Tarun Kumar and others), under Section 406 I.P.C., Police Station Babugarh, District Ghaziabad, pending in the Court of Judicial Magistrate, Hapur Ghaziabad is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.