RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482, Cr.P.C. has been filed by applicants Rakesh Kumar, Rajesh Kumar, Smt. Rinki, Ram Adhar and Smt. Shanti Devi with the prayer to quash the entire proceedings of Case No. 5094 of 2009, State v. Rakesh Kumar and others, under Sections 498A, 323, 504 and 506, I.P.C. and 3/4. Dowry Prohibition Act, P.S.-Karchhana, District-Allahabad pending in the Court of A.C.J.M., Court No. 4, Allahabad.

(2.) As the matter emanated from a matrimonial dispute the same was referred to the District Mediation Centre at Allahabad. The parties agreed to settle their dispute amicably and have decided to live together peaceably. A supplementary-affidavit has also been filed on behalf of the applicants, which is on record. The perusal of same also reveals that the parties are living together happily as husband and wife and no dispute is pending any more.

(3.) On the former date the opposite party No. 2 was summoned by the Court to appear in person who in compliance with the order dated 4.12.2013 has presented herself before the Court. It is an unfortunate fact that she is deaf and dumb both. Her father, who is opposite party No. 3 and the complainant of this case, has accompanied her and the queries made by the Court have been conveyed and communicated to her through her father and she had given her positive responses. There is no ambiguity in her positive response. The Court itself has given sufficient time to make clear the queries made by itself and she in a very conspicuous manner answered them all by making such gestures which were more eloquent than speech. The Court is very well in a position to understand that she has no objection if the proceedings going on in the lower court are quashed as she is not only living alongwith her husband peaceably but has no grievance left anymore.