Court No. - 53 Case :- APPLICATION U/S 482 No. - 9881 of 2008 Petitioner :- Rajendra & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Mohammad Ayub Respondent Counsel :- Govt. Advocate Hon'ble Dasu Ram Azad,J.
Heard learned counsel for the applicants and learned A. G. A.
and perused the material placed on record.
This application under Section 482 Cr. P. C. has been filed with
the prayer to allow this application and quash the entire
proceedings in Case No. 6411 of 2006; State Versus Rajendra
and others under Sections 498-A, 323, 504, 506 IPC and Section
3 / 4 of Dowry Prohibition Act, Police Station-Tajganj, District
Agra pending in the Court of Chief Judicial Magistrate, Agra.
On 29.4.2008 when the matter came up before this Court, this
Court was pleased to refer the matter to the Mediation and
Conciliation Centre, Allahabad High Court. It was also ordered
that till then no coercive steps shall be taken against the
applicants.
A supplementary affidavit sworn by Rajendra, applicant no. 1 has
been filed in para 5 of which, it is stated that the parties have
entered into compromise and all the differences and disputes
between the parties have been amicably settled by the
interference of the relatives.
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 Case No. 6411 of 2006; State Versus Rajendra
and others under Sections 498-A, 323, 504, 506 IPC and Section
3 / 4 of Dowry Prohibition Act, Police Station-Tajganj, District
Agra pending in the Court ofChief Judicial Magistrate, Agra are
hereby quashed.
Learned counsel for the applicants is directed to produce certified
copy of this order before the court concerned for information and
its compliance within a period of 15 days from the date a certified
copy of this order is issued to him.
It is stated at the Bar that since the oppostite party did not appear before
the Mediation Center, therefore the amount deposited by the applicants
before the Mediation Center may be refunded to the applicants.
In this view of the matter, the amount desposited by the applicants may
be refunded to them.
With the aforesaid direction, this application is disposed of finally.
Order Date :- 2.2.2010
HR