Court No. - 53 Case :- APPLICATION U/S 482 No. - 5540 of 2005 Petitioner :- Narendra Kumar And Othes Respondent :- State Of U.P. And Another Petitioner Counsel :- Mukhtar Alam,Mohd. Aslam Ansari Respondent Counsel :- Govt. Advocate Hon'ble Dasu Ram Azad,J.
(Court No.53 )
Criminal Misc. Application No. 5540 of 2005
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Narendra Kumar & 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 entire proceedings of Complaint Case
No. 575 of 2004 ( Smt. Kusum Vs. Narendra Kumar and others)
under Section 406 I.P.C. Police Station Bargaon District Saharanpur
pending in the Court of A.C.J.M. Deoband Saharanpur.
Vide order dated 27.5.2005, after hearing counsel for the applicants
and learned A.G.A. this Court was pleased to stay the operation of
the order dated 27…4.2005 passed by the revisional court.
Learned Counsel for the applicant has filed rejoinder affidavit dated
11.10.2009 in which in para No. 11 , he has submitted that that the
parties have entered into compromise and settled their dispute
outside the court . The applicant no.1 is living separately and the
Opp. Party no.2 has performed her marriage with another person.
Suit under Section 13 of the Hindu Marriage Act was field by the
Opp. Party No. 2 which has been decreed by the court below on
13.7.2009 with the observation that the parties have entered into
compromise outside the court and and there is no dispute and
differences left between the parties and all disputes and differences
have been amicably settled by the parties. Copy of the order dated
13.7.2009 is on record as AnnexureR.A. 2.
Learned counsel for the applicants haveplaced 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 Complaint Case No. 575 of 2004 ( Smt. Kusum Vs.
Narendra Kumar and others) under Section 406 I.P.C. Police Station
Bargaon District Saharanpur pending in the Court of A.C.J.M.
Deoband Saharanpur.is hereby quashed.
Learned counsel for the applicant is directed to produce certified
copy of this order before the A.C.J.M. Deoband Saharanpur 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: 1.2.2010