Court No. - 53 Case :- APPLICATION U/S 482 No. - 7236 of 2008 Petitioner :- Vijay Prakash Gupta & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Amna Mumtaz,Gopal Mishra,Mani Kant Srivastava Respondent Counsel :- Govt. Advocate,A.C. Nigam Hon'ble Dasu Ram Azad,J.
Heard learned counsel for the applicants, learned A. G. A. as well
as Sri A. C. Nigam, learned counsel for opposite party no. 2 and
perused the material placed on record.
This application under Section 482 Cr. P. C. has been filed with
the prayer to stay the effect and operation of the order dated
20.3.2008. It is further prayed that further proceedings of S. T.
No. 1391/07 under Sections 498-A, 323, 506/313 IPC and
Section 3 / 4 of Dowry Prohibition Act, Police Station-Mahila
Thana, District Kanpur pending in the Fast Track Court No. 4,
Kanpur.
On 4.4.2008 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 report of Mediation and Conciliation Centre, Allahabad High
Court dated 10.9.2008 is received, according to which the parties
have entered into compromise and all the differences and
disputes between the parties have been amicably settled through
the process of mediation.
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 S. T. No. 1391/07 under Sections 498-A, 323,
506/313 IPC and Section 3 / 4 of Dowry Prohibition Act, Police
Station-Mahila Thana, District Kanpur pending in the Fast Track
Court No. 4, Kanpur 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.
With the aforesaid direction, this application is disposed of finally.
Order Date :- 2.2.2010
HR