Babbu and Others vs State of U.P.and another

S.C. Agarwal,J.

Heard Sri Zafeer Ahmad, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been moved with a prayer to quash the chargesheet no.29 of 2008 dated 5.2.2008 in case crime no.626 of 2007 under Sections 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mundapanday, District Moradabad pending in the Court of II A.C.J.M., Moradabad and the proceedings in pursuance thereof.

By order dated 15.12.2008, the matter was referred to the Mediation Centre of this Court.

During the proceedings before the Mediation Centre, the parties came to terms and settlement agreement was executed on 26.4.2009. Clause 6 of the settlement agreement provides as under :

"Clause 6 ? The above noted parties have agreed to settle their disputes amicably before the undersigned during course of mediation held today upon following grounds :

a. That during course of joint session, above noted both parties have stated that they are residing jointly in peaceful matter. O.P. no.2 i.e. Smt. Misreen Jahan has stated that she does not want to pursue the criminal proceedings initiated on her behalf and she has agreed to withdraw the criminal proceedings in question at this stage."

Learned counsel for the applicants submitted that parties have come to terms and matrimonial dispute has been mutually settled and thus the chargesheet and all the proceedings connected therewith be quashed.

Apex Court in case of Madan Mohan Abbot Vs. State of Punjab (2008) 2 Supreme Court Cases (Cri.) 464 observed as under :

"We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a pure personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.

Considering the facts that the subject matter of this chargesheet, which is a matrimonial dispute and is of a pure personal nature, is now stands voluntary, mutually and amicably settled between the parties vide compromise deed filed through Mediation Centre of this Court, I see no purpose in continuing the criminal proceedings arising out of chargesheet in question. The dispute between the parties is of a purely personal nature. After compromise between the parties, keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury for the courts.

The application under Section 482 Cr.P.C. is allowed and the chargesheet no.29 of 2008 dated 5.2.2008 in case crime no.626 of 2007 under Sections 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mundapanday, District Moradabad pending in the Court of II A.C.J.M., Moradabad and all proceedings connected therewith are quashed.