Smt. Radha Tulsiyan vs State Of U.P.And Another
2015 Latest Caselaw 2077 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 34920 of 2008
 
Applicant :- Smt. Radha Tulsiyan
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- P.K. Prajapati,H.K. Sharma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the parties and learned AGA for the State.

The present 482 Cr.P.C. application has been filed for quashing of the entire proceedings of case crime No. 309 of 2008 (old no. 962/03) under Section 135 Negotiable Instrument Act,  police station Luxa, district Varanasi pending in the court of Munsif Magistrate-VII/Judicial Magistrate-Ist Varanasi.

Vide earlier order of this Court dated 27.7.2011 the matter was referred to the mediation centre. The mediation report dated 18.3.2012 shows that the mediation completed and the criminal matter has been settled between the parties outside the Court.

Learned counsel for the opposite party No. 2 does not dispute the fact that compromise has been entered into between the parties outside the Court 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 prosecute the case and 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 the entire proceedings of case crime No. 309 of 2008 (old no. 962/03) under Section 135 Negotiable Instrument Act,  police station Luxa, district Varanasi pending in the court of Munsif Magistrate-VII/Judicial Magistrate-Ist Varanasi is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.