Mohd.Nizamuddin and Others vs State of U.P.And Another

Dasu Ram Azad, J.

Heard learned counsel for the applicants, Sri Sudhanshu Srivastava, learned counsel for the Opp. Party No. 2, learned A.G.A. for the State and perused the material placed on record.

This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Case No. 6485 of 2008 ( Smt. Rizwana Vs. Mohd. Nizam Uddin and others ) under Sections 498A, 323,324, 504 and 506 I.P.C. Police Station Behat District Saharanpur, pending in the court of Addl. Chief Judicial Magistrate, Saharanpur.

Vide order dated 2.4.2009, after hearing counsel for the applicants, learned counsel for Opp. Party No. 2 and the learned A.G.A., this Court was pleased to refer the matter to the mediation and conciliation centre and it is further ordered that till then, no coercive steps shall be taken against the applicants in Case No. 6485 of 2008 ( Smt. Rizwana Vs. Mohd. Nizam Uddin and others ) under Sections 498A, 323,324,504 and 506 I.P.C. Police Station Behat District Saharanpur, pending in the court of Addl. Chief Judicial Magistrate, Saharanpur .

Vide report of the mediation and conciliation centre dated 4.4.2009, mediation have failed between the parties but the parties have field a compromise application dated 17.7.2009 before this court. In para8 of the aforesaid application, they have mentioned that they have settled their disputes and differences out side the court with the intervention of some relatives and respectable persons of the society. The aforesaid affidavit filed in support of the compromise application is already on record.

Learned counsel for the applicants have placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon''ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties.

In view of the above decisions of the Hon''ble Apex Court, the proceedings of Case No. Case No. 6485 of 2008 ( Smt. Rizwana Vs. Mohd. Nizam Uddin and others ) under Sections 498A, 323, 324, 504 and 506 I.P.C. Police Station Behat District Saharanpur, pending in the court of Addl. Chief Judicial Magistrate, Saharanpur is hereby quashed.

Learned counsel for the applicant is directed to produce certified copy of this order before the Ist Addl. Chief Judicial Magistrate, Saharanpur for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him.

With the aforesaid direction, this application is disposed of finally.