Court No. - 54 Case :- APPLICATION U/S 482 No. - 31868 of 2009 Petitioner :- Krishna Gopal & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sumit Daga Respondent Counsel :- Govt. Advocate,V.K.Singh Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri V.K. Singh, who has put in
appearance on behalf of opposite party no. 2 and learned A.G.A. for the State.
The present 482, Cr.P.C. application has been filed for quashing the charge
sheet dated 12.7.2009 and the criminal proceeding of case no. 2738/9 of 2009
under Section 498-A, 323, 506 IPC and ¾ Dowry Prohibition Act pending
before Additional Chief Judicial Magistrate, Meerut.
Pursuant to the earlier order of this Court dated 7.12.2009 the opposite party
no. 2, Smt. Mithilesh and applicant no.1, Krishna Gopal are present in Court.
The opposite party no.2 states that a divorce decree has already been passed
regarding her marriage with applicant no.1 and she has no dispute with the
applicants and she does not want to proceed further in this case.
In view of the fact that opposite party no. 2 also does not want to prosecute
the case, as stated by her today before this Court, there will be no useful
purpose to proceed with the case. The matter is purely of a personal nature
and family dispute which has been settled in between the parties.
Thus, in view of the judgment of the Apex Court reported in 2003 (4) SCC
675 (B.S. Joshi Vs. State of Haryana) as well as the judgment of the Apex
Court reported in JT 2008 (9) SC 192 (Nikhil Merchant Vs. Central Bureau
of Investigation and another), the proceedings of aforesaid case set aside.
Accordingly, this application is allowed.
Order Date :- 6.1.2010
Ashish