Court No. - 45 Case :- APPLICATION U/S 482 No. - 20574 of 2010 Petitioner :- Mewati Devi & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- P.K. Dubey Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri Anil Kumar Srivastava, who has
put in appearance on behalf of opposite party no. 2 by filing his Percha and
learned A.G.A. for the State.
The present 482, Cr.P.C. application has been filed for quashing the charge
sheet no. 102 of 2006 and the criminal proceeding of case crime no. 59 of
2006 under Section 498, 323 IPC and ¾ Dowry Prohibition Act, P.S. Khajani
District Gorakhpur.
It is contended by the learned counsel for the parties that compromise deed
dated 12.12.2007 has already been entered into between the parties and they
do not want to further proceed in the matter. Copy of the said compromise
deed is filed as annexure-2 to the application. It is also contended that on the
basis of compromise, the Family Court decreed the case vide order dated
12.12.2007, copy of which has been filed as annexure-3 to the application.
In view of the fact that opposite party no. 2 also does not want to prosecute
the case, as stated by her counsel, 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 in view of the compromise dated
12.12.2007.
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 criminal proceeding of case
crime no. 59 of 2006 under Section 498, 323 IPC and ¾ Dowry Prohibition
Act, P.S. Khajani District Gorakhpur is set aside.
Accordingly, this application is allowed.
Order Date :- 30.7.2010
Ashish