High Courts(2010) 07 AHC CK 0303

Rajesh Kumar and Others vs State of U.P. and Others

Allahabad High Court · Decided on 13 July 2010

HON’BLE JUDGES
Ashwani Kumar Singh, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 25722 of 2008

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Judgment

6 paragraphs · 311 words

Ashwani Kumar Singh, J.—Heard learned counsel for the applicant and learned counsel for the State.

2.

By means of this petition under section 482 Cr.P.C., the petitioner has prayed for quashing the proceedings in Case No.14385 of 2006(new Case No.2100 of 2007) relating to Case Crime No.374 of 2002 under Sections 498A, 323, 504 and 506 I.P.C., P.S. Dhumanganj, District Allahabad, pending in the court of Additional Chief Judicial Magistrate, Allahabad.

3.

This matter was referred for mediation through Mediation Centre and, as submitted by learned counsel for the applicants, either parties entered into compromise. It is submitted by learned counsel for the applicants that, as settled between the parties, a Bank Draft of Rs.3,00,000/ has already been given to wife of the applicant Smt. Rita Gupta and it was also agreed upon that no further legal proceedings either of civil or criminal nature would proceed against the applicants.

4.

I have considered the submissions made by learned counsel for the petitioners and perused the material on record.

5.

In the facts and circumstance of the case, I am of the view that no fruitful purpose would be served if the criminal proceedings are continued. In the light of the compromise arrived at the Mediation Centre and in the interest of justice, the proceedings in Case No.14385 of 2006(new Case No.2100 of 2007) relating to Case Crime No.374 of 2002 under Sections 498A, 323, 504 and 506 I.P.C., P.S. Dhumanganj, District Allahabad, pending in the court of Additional Chief Judicial Magistrate, Allahabad are liable to be quashed.

6.

Accordingly, the present petition under section 482 Cr.P.C. is allowed. The proceedings in Case No.14385 of 2006(new Case No.2100 of 2007) relating to Case Crime No.374 of 2002 under Sections 498A, 323, 504 and 506 I.P.C., P.S. Dhumanganj, District Allahabad, pending in the court of Additional Chief Judicial Magistrate, Allahabad are hereby quashed.