Tarun Kumar And Others vs State Of U.P.And Another
2015 Latest Caselaw 2081 ALL

Citation : 2015 Latest Caselaw 2081 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. - 24728 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 charge sheet dated 18.4.2008 in Case No. 402 of 2008 (State Vs. Tarun and others) arising out of Case Crime No. 124 of 2008, under Section 498-A, 323 I.P.C. and under Section 3/4 of D.P.Act, 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 15.9.2008 passed by this Court, the matter was referred to the mediation centre. Mediation centre's report dated 21.1.2009 which is on record, shows that the parties are not willing for the mediation. It is next contended that a compromise has been entered between the parties, copy of which has been produced in Application U/S 482 No. - 34617 of 2008 and the matter has been settled between the parties.

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 charge sheet dated 18.4.2008 in Case No. 402 of 2008 (State Vs. Tarun and others) arising out of Case Crime No. 124 of 2008, under Section 498-A, 323 I.P.C. and under Section 3/4 of D.P.Act, Police Station Babugarh, District Ghaziabad, pending in the Court of Judicial Magistrate, Hapur, Ghaziabad is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.