Dhirendra Singh and Others vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard learned counsel for the applicants, learned counsel for the opposite party No. 2 and learned A.G.A. for the State.

On the request of learned counsel for the applicants, another Bench of this Court, vide order dated 02.05.2011 had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 22.11.2011 had reported that mediation between the parties has been successful whereby settlement agreement has been entered into between the parties by which, the applicant No. 2 namely Dhirendra Singh, (husband) and opposite party No. 2 namely, Smt. Guddi Devi, (wife) have agreed to live together as husband and wife, copy of which report is on record.

Learned counsel for the applicants has argued that the matter has been compromised between the parties on 22.11.2011, therefore, the present case be finally decided.

In view of the fact that the husband and wife do not want to pursue the case any further as stated by them. The matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 22.11.2011. Therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon''ble Apex Court reported in B.S. Joshi and Others Vs. State of Haryana and Another, as well as the Judgment of the Apex Court reported in Nikhil Merchant Vs. Central Bureau of Investigation and Another, , the proceedings of the Complaint Case No. 4022 of 2010, (Guddi Devi Vs. Dhirendra Singh and others), under Sections 452, 498A, 323, 324, 504, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Kannauj, District Kannauj, pending before learned Judicial Magistrate, District

Kannauj, is hereby set aside.

The present application is accordingly allowed.