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Ajit Kumar @ Baba And Others vs State Of U.P.And Another on 24 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 28

Case :- APPLICATION U/S 482 No. – 1672 of 2013

Applicant :- Ajit Kumar @ Baba And Others

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Lok Nath Shukla

Counsel for Opposite Party :- Govt. Advocate,Ankit Kapoor

Hon’ble Rajeev Misra,J.

Heard Mr. Lok Nath Shukla, learned counsel for applicants, learned A.G.A. for State. In spite of revision of cause list, no one appears on behalf of opposite party No. 2 even though Mr. Ankit Kapoor has put in appearance on behalf of opposite party No. 2 by filing stay vacation application along with counter affidavit.

This application under Section 482 Cr.P.C. has been filed challenging entire proceedings of Criminal Case No. 4014 of 2012 (State Vs. Mata Prasad and others), arising out of charge sheet No. 148 of 2012, dated 22.6.2012 submitted in Case Crime No. 295 of 2012, under Sections 419, 420, 406 IPC, P.S. Cantt, District Varanasi, pending in the Court of Additional Chief Judicial Magistrate, Varanasi.

It transpires from record that marriage of applicant No. 1 was solemnized with daughter of opposite party No. 2 namely Kiran on 6.3.2011. However, relationship between applicant No. 1 and daughter of opposite party No. 2 became strained on account of marital discord. On account of despair and destitution faced by Smt. Kiran, wife of applicant No. 1 and daughter of opposite party No. 2, she initiated criminal proceedings by lodging an F.I.R. dated 25.7.2011, under Sections 498A, 323, 419 and 420 IPC. Subsequently, father-in-law of applicant No. 1 lodged another F.I.R. which was registered as Case Crime No. 395 of 2010, under Sections 498-A, 323, 419, 420 IPC and Sections 3/4 Dowry Prohibition Act. In the aforesaid F.I.R. six persons namely Ajeet Kumar, Ashok Kumar alias Manoj Kumar, Alok Kumar, Anand Kumar alias Rinkoo, Ashutosh Kumar and Mata Prasad were nominated as named accused. Police upon completion of statutory investigation of above mentioned case crime number in terms of Chapter XII Cr. P. C. submitted a charge sheet dated 01.12.2007 against all the named accused. Upon submission of charge sheet No. 148 of 2010 dated 22.6.2012 cognizance was taken, vide cognizance taking order dated 2.7.2012. Consequently, State Case No. 4014 of 2012 (State Vs. Mata Prasad and others) under Sections 419, 420, 406 IPC, P.S. Cantt, District Varanasi, came to be registered in the Court of IXth Additional Chief Judicial Magistrate, Varanasi.

Feeling aggrieved by above mentioned charge sheet as well as entire proceedings of consequential criminal case, applicants have now approached this Court by means of present application under Section 482 Cr. P. C.

Present application came up for admission on 29.1.2013 and this Court passed following interim order:-

“Heard learned counsel for the petitioners and learned A.G.A. for the State.

It is submitted by learned counsel for the petitioners that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court.

It is directed that petitioners shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre, of which Rs. 8,000/- shall be paid to the opposite party no. 2 for appearance before the Mediation Centre.

The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties.

It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter, the case shall be listed after three months before appropriate Bench.

Till the next date of listing, further proceedings of Criminal Case No. 4014 of 2012, (State Vs. Mata Prasad and Others), arising out of charge sheet No. 148 of 2012, dated 22.6.2012, in case crime No. 295 of 2012, under Sections 419, 420, 406 IPC Police Station Cantt., Varanasi pending in the Court of IXth Additional Chief Judicial Magistrate, Varanasi shall be kept in abeyance.

After depositing the amount, aforesaid, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.”

Pursuant to order dated 29.1.2013, opposite party No. 2 has filed an stay vacation application along with a counter affidavit. However, no rejoinder affidavit has been filed till date.

During the pendency of present application before this Court, parties have amicably settled their dispute outside the Court. Consequently, agreement was arrived at between the parties at Mediation and Conciliation Centre, Varanasi, photo copy of which is on record as Annexure 1 to the supplementary affidavit. In view of the agreement so arrived at between the parties, the applicant No. 1 along with daughter of opposite party No. 2 has filed a suit for divorce under Section 13 (1) (B) of Hindu Marriage Act.

Learned counsel for applicants submits that aforesaid suit has been decreed by Trial Court. On the aforesaid factual premise, it is thus submitted that dispute between the parties is a purely private dispute and parties have amicably settled their dispute outside the Court. Agreement arrived at between the parties has been reduced in writing and there is a report dated 17.1.2017 submitted by Mediation and Conciliation Centre, Varanasi. In view of above, no useful purpose shall be served by prolonging the proceedings of above mentioned State Case.

Learned A.G.A. does not dispute the submissions urged by learned counsel for applicants.

This Court is not unmindful of the following judgements of the Apex Court:-

1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675

2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]

3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,

4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303

5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

It is an undisputed fact that the dispute between the parties is a purely private dispute. The parties have amicably settled their dispute outside the Court.

In view of above, no useful purpose shall be served by prolonging the proceedings of the above mentioned State case or relegating the parties to Court below.

Consequently, present application succeeds and is allowed.

Accordingly, charge sheet No. 148 of 2012, dated 22.6.2012 submitted in Case Crime No. 295 of 2012, under Sections 419, 420, 406 IPC, P.S. Cantt, District Varanasi and entire proceedings of consequential Criminal Case No. 4014 of 2012 (State Vs. Mata Prasad and others) pending in the Court of IX Additional Chief Judicial Magistrate, Varanasi, are hereby quashed.

Order Date :- 24.2.2020/HSM

 

 

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