Court No. - 54 Case :- APPLICATION U/S 482 No. - 25591 of 2009 Petitioner :- Gokul Chandra Sharma Respondent :- State Of U.P. And Another Petitioner Counsel :- Ravindra Sharma Respondent Counsel :- Govt. Advocate,Ramji Tripathi Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and learned AGA, Sri Sangam Lal Kesherwani in
opposition.
Wife Laxmi Devi is personally present before me along wiht her husband Sharad Sharma.
This application has been filed by Gokul Chandra Sharma with the prayer to quash the
impugned order dated 14.5.2007 and order dated 22.6.2009 in Complaint Case No.3755 of
2006, Mahaveer Vs. Sharad Kumar and others, under Sections 498A, 406 IPC and Section 3/4
D.P. Act, P.S. Bhopa, District Muzaffar Nagar.
Perusal of the record indicates that prosecution of Complaint Case No.3755 of 2006 was
instituted by Mahaveer Prasad Sharma against Sharad Kumar Sharma his father Vinod Kumar
Sharma, mother Sudhesh Sharma and one Shiv Kumar Sharma. The allegations were that the
accused persons have tortured the wife because of their rapacious attitude. Since the applicants
were summoned, they have challenged their prosecution by filing the instant Criminal
Miscellaneous Application. One more fact requires to be recorded is that the matter was got
investigated as well in which a final report was submitted.
Parties were given a chance to compromise and settle their issues, which they have already
done. Today also wife, who is the real victim made a categorical statement before the Court that
she is living happily with her husband and she does not want to litigate at all.
It is a dispute, which is in the nature of a family feud. In a case of B.S. Joshi Vs. State the
Apex Court has opined that if the parties have come to compromise, they should not be forced
to litigate against their wishes.
In such a view, Keeping in mind the statement made by the victim wife Smt. Laxmi Devi, I
allow this Criminal Miscellaneous Application and quash the proceedings of impugned order
dated 14.5.2007 and order dated 22.6.2009 in Complaint Case No.3755 of 2006, Mahaveer Vs.
Sharad Kumar and others, under Sections 498A, 406 IPC and Section 3/4 D.P. Act, P.S. Bhopa,
District Muzaffar Nagar.
This application is allowed.
Copy of this order is directed to be produced by applicants before A.C.J.M. court no.1, Muzaffa
Nagar within ten days from today.
Order Date :- 1.7.2010
RK
