Amit Kalara And Others vs State Of U.P.And Others
2015 Latest Caselaw 2089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- APPLICATION U/S 482 No. - 34348 of 2008
 

 
Applicant :- Amit Kalara And Others
 
Opposite Party :- State Of U.P.And Others
 
Counsel for Applicant :- D.R. Azad,Devendra Kumar
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicants and learned A.G.A.

The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 18.9.2008 in Case No. 980 of 2008 (State of U.P. Vs. Amit Kalara and others), arising out of case crime No.1 of 2008 under Sections 323, 504, 506, 498A, I.P.C. and 3/4 D.P.Act, Police Station Madan Mohan Darwaja, District Agra, pending in the Court of Civil Judge Senior Division 4th, Agra.

The contention of learned counsel for the applicants is that earlier vide order dated 17.12.2008 passed by this Court, the matter was referred to the mediation centre.  Mediation centre's report dated 26.4.2009 which is on record, shows that parties have settled their disputes and have decided to live together.

The matter is purely personal, 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 No. 980 of 2008 (State of U.P. Vs. Amit Kalara and others), arising out of case crime No.1 of 2008 under Sections 323, 504, 506, 498A, I.P.C. and 3/4 D.P.Act, Police Station Madan Mohan Darwaja, District Agra is hereby quashed.

Order Date :- 1.9.2015

Ashish Pd.