Sanjeev Sahu & Others vs State Of U.P. & Another
2018 Latest Caselaw 458 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- U/S 482/378/407 No. - 2649 of 2018
 

 
Applicant :- Sanjeev Sahu & Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Anand Pal Singh
 
Counsel for Opposite Party :- Govt. Advocate,Surendra Kumar Varma
 

 
Hon'ble Mahendra Dayal,J.

In pursuance of the order dated 11.4.2018, the applicant no.1 and the opposite party no.2 are present in person.

The petitioners by means of this petition have sought for quashing of the charge sheet, arising out Case Crime No.48 of 2009, under Sections 498-A, 323, 504, 506 IPC and 3/4 d.P. Act, relating to Police Station Bazar Khala, District Lucknow, pending in the court of Additional Chief Judicial Magistrate-VIII, Lucknow.

It has been contended by the learned counsel that after lodging of the complaint by opposite party no.2, they resolved their dispute and started living together as husband and wife and has also verified the aforesaid fact that their dispute has been resolved and they are living as husband and wife. The compromise was brought to the notice of the I.O. during the course of investigation but ignoring the aforesaid fact, he submitted charge sheet.

Considering the fact that the parties have started living together as husband and wife, I am of the view that no fruitful purpose will be served, if the litigation is kept pending between them.

In view of the above, the application under Section 482 Cr.P.C. is allowed and the entire proceedings of Crl. Case No. 5930 of 2014, arising out of Crime No. 48/2009, under Sections 498-A, 323, 504, 506 IPC, & 3/4 D.P. Act, relating to Police Station Bazar Khala, District Lucknow, pending in the court of Additional Chief Judicial Magistrate-VIII, Lucknow, are quashed.

Order Date :- 9.5.2018

Muk