Harish Kumar vs State Of U.P. And 3 Others
2022 Latest Caselaw 19542 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 15921 of 2019
 

 
Applicant :- Harish Kumar
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- A.K. Mishra,Ashish Nigam
 
Counsel for Opposite Party :- G.A.,Manu Sharma
 

 
Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of impugned judgement and order dated 15.3.2019 passed by the A.S.J.-III, Bareilly in Crl. Revision No. 419 of 2018 (Harish Kumar Vs. Ankit Singhal and order dated 6.8.2018 passed by A.C.J.M.-I Bareilly in Criminal Case No. 904 of 2013, under sections 498-A, 406, 506, 504, 323 IPC and section 3/4 D.P. Act, P.S. Baradari, District Bareilly.

Learned counsel for the applicant submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party nos. 2 to 4. The present criminal case has been lodged against the applicant no.1 and his other family members but that no real criminal offence had actually occurred.

From the perusal of the report of mediation centre's report dated 19.8.1019 the parties are willing for mediation and and in this case interim settlement has been done and they have been able to resolve their differences and they are living separately.

He further submits, at present, the opposite party no. 2 to 4 do not wish to press charge against the applicant.

Sri Manu Shrama, learned counsel for the opposite party no. 2 to 4 does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, according to mediation they supported the contention advanced by learned counsel for the applicant.

In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the mediation report, therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by 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 Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 2.12.2022

RPD