Allahabad High Court
Balraj Singh And Ors. vs The State Of U.P Thru Principal Secy., ... on 30 July, 2019
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- U/S 482/378/407 No. - 572 of 2014 Applicant :- Balraj Singh And Ors. Opposite Party :- The State Of U.P Thru Principal Secy., Home Lucknow And Anr. Counsel for Applicant :- Kapil Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,Sharad Kumar Misra Hon'ble Chandra Dhari Singh,J.
Present petition under section 482 Cr.P.C. has been preferred for quashing the charge-sheet dated 19.02.2013 arising out of case crime no.211 of 2012 under sections 498-A, 323, 504, 507 I.P.C. and 3/4 D.P. Act, P.S. Ashiyana, District Lucknow.
The petition was taken up at the first instance on 14.02.2014 and this court has passed the following order:
Learned counsel for the petitioners submits that the matrimonial dispute between the parties have been resolved. It is submitted that opposite party no.2 is happily residing with petitioner no.1 Balraj Singh.
Issue notice to the opposite party no.2 to appear before this Court on 12.03.2014.
Till next date of listing, proceedings in Case Crime No. 211/2012 under Sections 498-A, 323, 504, 507 I.P.C. and 3/4 D.P. Act, P.S. Ashiyana, district Lucknow, shall remain stayed.
Vide order dated 12.03.2014 the matter was referred to Mediation and Conciliation Centre of this Court who vide its report dated 09.07.2014 reported that the dispute between the parties has been amicably settled and the parties have no further claims or demands against each other.
Since 09.07.2014, the matter is pending and has not yet been listed.
Today when the case has been called out, learned counsel for the petitioners has submitted that the proceedings arising out of the case crime no.211 of 2012 under sections 498-A, 323, 504, 507 I.P.C. and 3/4 D.P. Act, P.S. Ashiyana, District Lucknow may be quashed in terms of the agreement dated 09.07.2014 entered into between the parties before the Mediation and Conciliation Centre of this Court whereby it has been reported that the parties have no further claims or demands against each other.
In view of the above, the proceeding of the Criminal Case No.1095 of 2013 arising out of case crime no.211 of 2012 under sections 498-A, 323, 504, 507 I.P.C. and 3/4 D.P. Act, P.S. Ashiyana, District Lucknow is hereby quashed in terms of the agreement dated 09.07.2014 entered into between the parties before the Mediation and Conciliation Centre of this Court. Copy of the report of the Mediation and Conciliation Center of this Court shall be form part of the order.
The petition is allowed.
Order Date :- 30.7.2019 VNP/-