Smt. Shashi Jha & Another vs State Of U.P.And Others
2015 Latest Caselaw 2078 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 34994 of 2008
 
Applicant :- Smt. Shashi Jha & Another
 
Opposite Party :- State Of U.P.And Others
 
Counsel for Applicant :- Kapil Tyagi
 
Counsel for Opposite Party :- Govt.Advocate,C.P. Dwivedi
 

 
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 charge sheet dated 6.7.2008 submitted in Case No. 3895 of 2008 (State Vs. Smt. Shashi Jha and others) arising out of Case Crime No. 188 of 2008 under Sections 420, 406 I.P.C. and 3/4 D.P.Act, Police Station Sihani Gate, District Ghaziabad, pending before learend Additional Chief Judicial Magistrate, Court No.3 Ghaziabad.

The contention of learned counsel for the applicant is that  vide earlier orders dated 18.12.2008 and 11.12.2008 passed by this Court, the matter was referred to the mediation centre.  Mediation centre's report dated 29.4.2009 which is on record, shows that  Amar Nath Jha, the husband of applicant no.1- Smt.Shashi Jha agrees that he will remit to the complainant- Sri Satish Jha a sum of Rs. 2,50,000/- through a demand draft from a nationalized bank.

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. 188 of 2008 under Sections 420, 406 I.P.C. and 3/4 D.P.Act, Police Station Sihani Gate, District Ghaziabad, pending before learend Additional Chief Judicial Magistrate, Court No.3 Ghaziabad is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.