Vinay Yadav And Others vs State Of U.P.And Another
2015 Latest Caselaw 2079 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- APPLICATION U/S 482 No. - 35133 of 2008
 
Applicant :- Vinay Yadav And Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Janardan Yadav
 
Counsel for Opposite Party :- Govt. Advocate,R.K. Shahi
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants, Sri Ramesh Chandra, learned counsel for the opposite party No. 2 and the learned AGA for the State.

The present 482 Cr.P.C. application has been filed for quashing the charge sheet dated 23.10.2008 in Criminal Case No. 717 of 2008 arising out of  Case Crime No.782 of 2008 (State Vs. Dinesh Yadav) under Sections 498A, 323 I.P.C. and Section 3/4 D.P. Act, police station Khukhundu, district Deoria.

Vide earlier order of this Court dated 12.12.2008 the matter was referred to the mediation centre.  As per the mediation centre's report dated 12.6.2009, which is on record, the applicant no.1-husband and opposite party no.2-wife are ready to live together and fulfil all their matrimonial obligations towards each other.

Learned counsel for the opposite party No.2 contends that the matter has been compromised between the parties and they are living together and the compromise deed has been filed as annexure-CA-2 with counter affidavit dated 13.10.2014 and the opposite party no.2 does not want to pursue the matter any further.

In view of the fact that applicant also does not want to proceed the case. The matter is purely personal and matrimonial, 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.782 of 2008 (State Vs. Dinesh Yadav) under Sections 498A, 323 I.P.C. and Section 3/4 D.P. Act, police station Khukhundu, district Deoria is hereby quashed.

Order Date :- 1.9.2015/Ashish Pd.