Court No. - 53 Case :- APPLICATION U/S 482 No. - 26036 of 2007 Petitioner :- Dr. Sasank Purwar & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Raj Kumar Mishra Respondent Counsel :- Govt. Advocate Hon'ble Dasu Ram Azad,J.
( Court No. 53)
Criminal Misc. Application No. 26036 of 2007
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Dr. Sasank Purwar & others Vs. State of U.P. and
another.
Hon’ble D.R. Azad, J
Heard learned counsel for the applicants and 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 proceedings of
Complaint Case No. 1765 of 2004 ( Priyanka Vs. Sasank
Purwar and others) under Sections 498A I.P.C. Section
3 /4 of Dowry Prohibition Act Police Station Civil Lines
District Etawah pending in the court of Judicial
MagistrateII, Etawah.
Vide order dated 29.10.2007, after hearing counsel for
the applicants and the learned A.G.A., this Court was
pleased to stay the further proceedings of Complaint
Case No. 1765 of 2004 ( Priyanka Vs. Sasank Purwar
and others) under Sections 498A I.P.C. Section 3 /4 of
Dowry Prohibition Act Police Station Civil Lines District
Etawah pending in the court of Judicial MagistrateII,
Etawah.
Learned counsel for the applicants has filed a
compromise application dated 14.11.2008 supported with
an affidavit, annexing therewith copy of the compromise
deed dated 27.8.2008 (Annexure – 1). In para 4 of the
affidavit it has been mentioned that the 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 centre.
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 Complaint Case No. 1765 of 2004
( Priyanka Vs. Sasank Purwar and others) under
Sections 498A I.P.C. Section 3 /4 of Dowry Prohibition
Act Police Station Civil Lines District Etawah pending in
the court of Judicial MagistrateII, Etawah. is hereby
quashed.
Learned counsel for the applicants is directed to produce
certified copy of this order before Chief Judicial
Magistrate, Ghaziabad 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: 22.1.2010
n.u.