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Yogesh And 2 Others vs State Of U.P. And Another on 6 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 79

Case :- APPLICATION U/S 482 No. – 33306 of 2018

Applicant :- Yogesh And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Atul Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Harsh Kumar,J.

Supplementary affidavit filed on behalf of the applicants is taken on record. Sri Mahesh Kumar Dubey, learned counsel filed vakalatnama on behalf of opposite party no. 2.

Heard Sri Atul Kumar Singh, learned counsel for the applicants, Sri Mahesh Kumar Dubey, learned counsel for the o.p. no. 2 and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed for quashing the criminal case no. 1437/IX of 2018 (State vs. Yogesh and others) arising out charge sheet no. 310/2018 filed in case crime no. 0345/2017 under Section 498A, 323 I.P.C. and 3/4 of the Dowry Prohibition Act, P.S. Baldev, District Mathura pending in the court of Additional Chief Judicial Magistrate II, Mathura as well as cognizance order dated 30.07.2017.

The contention of learned counsel for the applicant is that the case arises out of matrimonial dispute between applicant no. 1 and o.p. no. 2; that the husband and wife have come to terms and have settled their dispute by compromise, copy of which has been filed at page 12 of supplementary affidavit; that the above compromise has been acted upon and applicant no. 1 has made payment of a sum of Rs.6.5 Lac to opposite party no. 2 towards full and final payment of all dues towards opposite party no. 2 and in furtherence of above compromise dated 01.10.2019, parties have also obtained a decree for mutual divorce in Matrimonial Petiton No. 252 of 2019 on 24.10.2019, copy of judgement has been filed at SA-2; that since the opposite party no. 2 has agreed that all cases initiated by her out of matrimonial dispute will be withdrawn so there is no justification in keeping the proceedings of this criminal case under Section 498A, 323 I.P.C. and 3/4 of the Dowry Prohibition Act pending and there can be no probability of conviction of the applicants and that in the facts and circumstances, the proceedings of this case are nothing but abuse of process of court and so are liable to be quashed.

Learned counsel for the opposite party no. 2 submitted that he has no objection in quashing of the proceedings of criminal case no. 1437/IX of 2018 (State vs. Yogesh and others) arising out of charge sheet no. 310/2018 filed in case crime no. 0345/2017 under Section 498A, 323 I.P.C. and 3/4 of the Dowry Prohibition Act.

Upon hearing counsel for the parties and perusal of record, I find that in view of the law laid down by Hon’ble the Apex Court in the case of B.S. Joshi vs. State of Haryana (2003) 4 SCC 675, since the parties have come to terms by way of settlement agreement, there is no justification to keep the proceedings of case pending and proceedings of criminal case no. 1437/IX of 2018 (State vs. Yogesh and others) arising out of case crime no. 0345/2017, charge sheet dated 18.5..2018 and cognizance order dated 30.7.2017, are liable to be quashed.

The application under Section 482 Cr.P.C. is allowed and the proceedings of criminal case no. 1437/IX of 2018 (State vs. Yogesh and others) arising out of case crime no. 0345/2017, charge sheet dated 18.5..2018 and cognizance order dated 30.7.2017, are quashed, accordingly.

Order Date :- 6.2.2020

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