Court No. - 53 Case :- APPLICATION U/S 482 No. - 9501 of 2003 Petitioner :- Manraji & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Dubey Respondent Counsel :- Govt. Advocate,Dashrath Lal Hon'ble Dasu Ram Azad,J.
(Court No.53 )
Criminal Misc. Application No. 9501 of 2003
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Manraji & 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 chargesheet dated 19.7.2003 and
further proceedings of Case No. 2869 of 2003 under Sections 498
A,504 and 506 I.P.C. Police Station Karakat District Jaaunpur
pending in the Court of Addl. Chief Judicial MagistrateIV Jaunpur.
Vide order dated 13.10.2003, after hearing counsel for the applicants
and learned A.G.A. this Court was pleased to stay the further
proceedings in Case No. 2869 of 2003 under Sections 498A,504
and 506 323 I.P.C. Police Station Karakat District Jaaunpur pending
in the Court of Addl. Chief Judicial MagistrateIV Jaunpur.
Learned counsel for the applicants has filed an application dated
28.4.2006 alongwith affidavit annexing therewith a compromise deed
dated 29.10.2005 duly signed by both the parties which clearly
indicates that parties have entered into compromise and there is no
dispute and differences 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.2869 of 2003 under Sections 498A,504 and
506 I.P.C. Police Station Karakat District Jaaunpur pending in the
Court of Addl. Chief Judicial MagistrateIV Jaunpur. 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: 13.1.2010
n.u.