GIRIJA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Brij Gopal, learned counsel for the applicants and Sri Varun Kumar Agnihotri, learned Brief Holder of the Staterespondent.

(2.) The instant application u/s 482 Cr.P.C., has been moved on behalf of the applicants with a prayer to quash the proceeding of case No. 7754 of 2020, under Ss. 498A, 323, 504, 506 IPC and 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Etah as well as summoning order dtd. 6/8/2022.

(3.) Learned counsel for the applicants submitted that applicant nos. 1 and 2 are in-laws of the opposite party no. 2 while applicant no. 3 is her husband and both husband and wife have amicably settled their dispute and with regard to the offence under Sec. 406 IPC, a mediation proceeding was held between the parties which succeeded on 24/8/2022 and on the basis of report of the mediation centre of the case relates to Sec. 406 IPC dtd. 24/8/2022 proceeding of that case was quashed by this Court vide order dtd. 19/9/2022 passed in Crl. Misc. Application u/s 482 Cr.P.C. No. 16781 of 2020 and as per the final settlement dtd. 24/8/2022 both husband and wife i.e. applicant no. 3 and opposite party no. 2 agreed to withdraw all the cases pending between them due to marital discord and pursuant to the settlement dtd. 24/8/2022, they also filed an application under Sec. 13 B of the Hindu Marriage Act for divorce through mutual consent and therefore, no dispute is left between them and present proceeding which also arose due to marital discord is liable to be quashed in view of the above, compromise dtd. 24/8/2022 executed between the parties before mediation and conciliation centre of this Court.