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Laxman Prasad And Another vs State Of U.P. And Another on 8 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- APPLICATION U/S 482 No. – 164 of 2017

Applicant :- Laxman Prasad And Another

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

Counsel for Applicant :- Ali Hasan,Om Prakash

Counsel for Opposite Party :- G.A.,Rakesh Dubey

Hon’ble Rajul Bhargava,J.

Case is called out in the revised list.

Learned counsel for the applicants is present, however, no one has appeared on behalf of opposite party no.2.

The present application u/s 482 SectionCr.P.C. has been filed seeking quashing of the Charge-sheet as well as the entire proceedings of Criminal Case No. 54843 of 2016, u/s 498A, 323, 504, 506 SectionI.P.C. and 3/4 D.P. Act, P.S. Chakeri, District Kanpur Nagar pending in the court of C.M.M., Kanpur Nagar.

Heard learned counsel for the applicants as well as the learned A.G.A. appearing for the State and perused the record.

Submission of the learned counsel for the applicants is that the applicants are father-in-law and mother-in-law of opposite party no.2. It is submitted that the son of the applicants namely Gaurav Sonkar challenged the aforesaid proceedings in Criminal Misc. Application (U/s 482 SectionCr.P.C.) No.4374 of 2017 and the Court had referred the matter to the Mediation Centre. Pursuant thereto, opposite party no.2 and her husband appeared before the Mediation Centre and they have arrived at a settlement. On the basis of settlement agreement between the parties before the Mediation Centre, the proceedings have been quashed vide order dated 16.7.2019. While quashing the proceedings against the co-accused, Gaurav Sonkar, learned counsel appearing for opposite party no.2 had admitted that the amount of Rs.6 lac as one time settlement has been received by opposite party no.2 and she has no objection if the proceedings against her husband are quashed. Learned counsel states that the case of the applicants who are mother-in-law and father-in-law of opposite party no.2 stands on a better footing than that of co-accused Gaurav Sonkar. Therefore, in view of the law laid down by the Hon’ble Apex Court reported in 2012 (10) SCC 741 in the matter of SectionGeeta Mehrotra and another v. State of Uttar Pradesh, the proceedings against the applicants may be quashed.

Since all the disputes and differences between the parties have been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion. Therefore, the aforesaid proceedings against the applicants are hereby quashed.

Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.

A copy of this order be certified to the lower court forthwith.

Order Date :- 8.8.2019

Vikas

 

 

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