DINESH KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Dinesh Kumar Jain, Smt. Kanta Jain and Umesh Kumar Jain, with a prayer to quash the proceedings of Criminal Complaint Case No. 728/10/2004, Smt. Gunjan Jain v. Dinesh Kumar Jail and Anr. , pending in the Court of learned Judicial Magistrate, Mathura, under Sections 323, 498-A, 504 and 506, I. P. C. and Section 3/4, Dowry Prohibition Act.

(2.) THE facts in brief of this case are that O. P. No. 2 Smt. Gujan Jain, the wife of applicant Dinesh Kumar Jain, filed a complaint against the applicant in the Court of learned Judicial Magistrate. Sadar Mathura vide complaint case No. 728/10/2004 on 9-4-2004 in which the applicants have been summoned for the offence punishable under Sections 323, 498-A, 504 and 506, I. P. C. and Section 3/4, Dowry Prohibition Act. THE O. P. No. 2 has also filed the application under Section 125, Cr. P. C. In the Court of learned Judicial Magistrate, Mathura vide case No. 394 of 2005.

(3.) IT is contended by the learned Counsel for the applicants and the learned Counsel for O. P. No. 2 that both the parties have entered into a compromise and their marriage had been divorced with mutual consent and O. P. No. 2 does not want to prosecute the applicant, in such circumstances the prosecution of the applicants shall not serve any purpose because O. P. No. 2 shall not support the prosecution version ultimately it would be resulted in acquittal. Therefore, the proceedings of the present case may be quashed.