Court No. - 53 Case :- APPLICATION U/S 482 No. - 16959 of 2008 Petitioner :- Mohd. Nizamuddin @ Nizam & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Virendra Kumar Respondent Counsel :- Govt. Advocate Hon'ble Dasu Ram Azad,J.
(Court No.53 )
Criminal Misc. Application No. 16959 of 2008
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Mohd. Nizam Uddin alias Nizam & 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 further proceedings of Complaint
Case No. 345 of 2008 ( Smt. Rizwana Vs. Mohd. Nizam Uddin and
others and others) under Section 12 (1) of the Protection of Women
from Domestic Violence Act, 2005, Police Station Behat District
Saharanpur pending in the Court of A.C.J.M. Saharanpur.
Vide order dated 10.7.2008, after hearing counsel for the applicants
and learned A.G.A. this Court was pleased to stay the further
proceedings in Complaint Case No. 345 of 2008 ( Smt. Rizwana Vs.
Mohd. Nizam Uddin and others and others) under Section 12 (1) of
the Protection of Women from Domestic Violence Act, 2005, Police
Station Behat District Saharanpur pending in the Court of A.C.J.M.
Saharanpur.
Learned Counsel for the applicant has filed an application dated
17.7.2009 filed by the counsel for the applicant supported with an
affidavit of both the parties, in which in para No. 8 , it is mentioned
that due to intervention of the respectable persons of the society and
relatives, the matter has been settled out side the court and the
applicant no. 1 has paid Rs. 30,000/ towards Mehar to the Opp.Party
No. 2 and there is no dispute and differences left between the parties
and all disputes and differences have been amicably settled by the
parties.
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. 345 of 2008 ( Smt. Rizwana Vs.
Mohd. Nizam Uddin and others and others) under Section 12 (1) of
the Protection of Women from Domestic Violence Act, 2005, Police
Station Behat District Saharanpur pending in the Court of A.C.J.M.
Saharanpur is hereby quashed.
Learned counsel for the applicant is directed to produce certified
copy of this order before the A.C.J.M. Saharanpur 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: 18.1.2010
n.u.