Ravi And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 39460 of 2018
 

 
Applicant :- Ravi And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- S. A. Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Kumar,J.

Heard learned counsel for the parties and perused the record.

The present petition under Section 482 Cr.P.C. has been preferred to quash the entire proceedings as well as summoning order dated 10.10.2018 passed by Civil Judge, Junior Division/Judicial Magistrate Duddhi, District Sonbhadra in Complaint Case No.3107 of 2017, under Sections 498 A, 323, 504, 506 IPC and under Section 3/4 of the DP Act, Police Station Anpara, District Sonbhadra.

This Court vide its order dated 31.10.2018 has referred the matter for mediation granting three months' time to find out an appropriate solution of the dispute pending between the parties and send its report to the Court regarding the outcome of mediation.

Pursuant to the order of this Court dated 31.10.2018, an office report dated 06.11.2019 has been submitted placing report of mediation dated 29.05.2019 before this Court.

Perusal of the report of the mediation dated 29.05.2019 transpires that the parties have arrived at an agreement that they decided to live together and they are happy with their reunion. Further they undertake to discharge all matrimonial obligations towards each other in respectful manner.

As per the mediation report, the parties have stated that they are not willing to pursue the present petition under Section 482 Cr.P.C. bearing No. 39460 of 2018 and all disputes and differences between them have settled amicably.

Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

On the other hand, learned Additional Government Advocate has submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof.

Considering the submissions advanced by learned counsel for the parties and perusing the compromise/agreement dated 29.05.2019 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra), there is no purpose to keep the proceedings pending before the trial court and hence the proceedings of the Complaint Case No.3107 of 2017, under Sections 498 A, 323, 504, 506 IPC and under Section 3/4 of the DP Act, Police Station Anpara, District Sonbhadra and summoning order dated 10.10.2018 passed by Civil Judge, Junior Division/Judicial Magistrate, Duddhi, District Sonbhadra are hereby quashed in terms of the compromise/agreement dated 29.05.2019.

The petition is allowed.

Order Date :- 1.4.2022

Ashish