Vijay Kumar Sharma vs State of UP 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 16.12.2010, had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 27.09.2011 had reported that mediation between the parties has been successful whereby the applicant No. 1 namely, Vijay Kumar Sharma-husband and opposite party No. 2 namely, Smt. Dimpal-wife have agreed to live separate on payment of permanent alimony of Rs. 3,50,000/- , which has already been paid by the applicant No. 1 to the opposite party No. 2 vide draft No. 343369 and the opposite party No. 2 has also stated before the mediation centre that she does not want to pursue the present proceedings, copy of which report is on record.

The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Criminal Case No. 6444 of 2010, under Sections 498A, 323, 504, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Meerut, pending before learned Chief Judicial Magistrate, District Meerut as well as for quashing the charge sheet filed in aforesaid case.

Learned counsel for the applicant has argued that the matter has been compromised between the parties, before the mediation centre 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 27.09.2011, 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 aforesaid case is hereby set aside.

The present application is accordingly allowed.