ANIL KUMAR GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Alok Kumar Kushwaha, learned counsel for the applicant, Mr. Sachida Nand Tripathi, learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicant to quash the impugned order dtd. 21/9/2016 passed by Principal Judge, Family Court, Gorakhpur in Criminal Case No.40/2014 (Smt. Sunit Gupta Vs. Anil Kumar Gupta), under Sec. 125 of Cr.P.C., on the basis of compromise. Learned counsel for the parties submit that during pendency of the aforesaid case, parties have amicably settled the dispute and a compromise has been entered between them, copy of compromise deed has been annexed as Annexure 1 to the supplementary affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

(3.) Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.