Court No. - 53 Case :- APPLICATION U/S 482 No. - 4318 of 2009 Petitioner :- Mohd. Rais & Others Respondent :- State Of U.P.& Another Petitioner Counsel :- Bashishtha Narain Pandey Respondent Counsel :- Govt. Advocate,Ravindra P Srivastava Hon'ble Dasu Ram Azad,J.
(Court No.53 )
Criminal Misc. Application No. 4318 of 2009
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Mohd. Rais & others Vs. State of U.P. and another.
Hon’ble D.R. Azad, J
Heard learned counsel for the applicants, learned A.G.A. for the
State and perused the material placed on record.
This Criminal Misc. application under Section 482 Cr.P.C. has been
filed with a prayer to quash the further proceedings of Case No. 1013
of 2006 ( Zarina Khatoon Vs. Mohd. Rais and others) under Sections
147,498A, 323 and 506 I.P.C. and Section 3 / 4 of Dowry Prohibition
Act Police Station Walterganj District Basti pending in the Court of
Judicial Magistrate,Court No. 2 Basti.
Vide order dated 2.3.2009, after hearing counsel for the applicants
and learned A.G.A. this Court was pleased to stay the further
proceedings in Case No. 1013 of 2006 ( Zarina Khatoon Vs. Mohd.
Rais and others) under Sections 147,498A, 323 and 506 I.P.C. and
Section 3 / 4 of Dowry Prohibition Act Police Station Walterganj
District Basti pending in the Court of Judicial Magistrate,Court No. 2
Basti.
Vide report of the Mediation and Conciliation Centre dated 7.10.2009,
which clearly indicates that parties have entered into compromise
and there is no dispute and differences left between the parties and
all disputes and differences have been amicably settled by the
parties through the process of mediation and conciliation.
Learned counsel for the applicants placed reliance on the
observations made by the Apex Court in the case of B.S. Joshi Vs.
State of Haryana and another, reported in 2003 (46) A.C.C. 779
S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal
and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon’ble Apex
Court quashed the proceedings of criminal case on the basis of the
compromise filed between the parties mainly on the ground that no
lawful purpose would be served by continuance of the proceedings
between the parties.
In view of the above decisions of the Hon’ble Apex Court, the
proceedings of Case No. 1013 of 2006 ( Zarina Khatoon Vs. Mohd.
Rais and others) under Sections 147,498A, 323 and 506 I.P.C. and
Section 3 / 4 of Dowry Prohibition Act Police Station Walterganj
District Basti pending in the Court of Judicial Magistrate,Court No. 2
Basti.. is hereby quashed.
Learned counsel for the applicant is directed to produce certified
copy of this order before the Addl. Chief Judicial MagistrateIV
Jaunpur for information and its compliance within a period of 15 days
from the date a certified copy of this order is issued to him.
With the aforesaid direction, this application is disposed of finally.
Dt: 19.1.2010
n.u.