GEETA Vs. STATE OF U P

JUDGEMENT

(1.) VIJAY Kumar Verma, J. By means of this application under Section 482 of the Code of Criminal Procedure (in short the 'cr. P. C. '), the applicants Smt. Geeta, Smt. Krishna Devi and Smt. Rekha Solanki have invoked inherent jurisdiction of this Court, praying for quashing of the order dated 21. 7. 2007 passed by the Addl. Sessions Judge Court No. 10, Ghaziabad in Criminal Revision No. 206 of 2007 (Smt. Geeta and others M. State of U. P.) and the order dated 27. 2. 2007, passed by the Judicial Magistrate Ghaziabad in Crl. Case No. 1923 of 2006 (State v. Onkar Singh and others), under Sections 323, 506, 498-A of Indian Penal Code (in short the 'ipc') and Section 3/4 Dowry Prohibition Act (in short the 'd. P. Act') of P. S. Murad Nagar (Ghaziabad ).

(2.) SHORN of unnecessary details, the facts leading to the filing of the application under Section 482, Cr. P. C. , in brief, are that an FIR was lodged by Smt. Manju (Opposite Party No. 2 herein) against her husband Onkar Singh and his family members including the applicants on 7. 11. 2005 at PS. Murad Nagar District Ghaziabad, where a case under Sections 498-A, 323, 506, IPC and Section 3/4 D. P. Act was registered at Crime No. 358/05. Annexure 1 is the copy of that FIR. After investigation, charge-sheet was submitted against the accused persons, on which cognizance was taken by the Magistrate concerned and the accused persons including the applicants were summoned to face the trial in Criminal Case No. 1923 of 2006. After hearing parties Counsel, the Judicial Magistrate Ghaziabad passed an order on 27. 2. 2007 to frame charge against the accused under Sections 498a, 323, 506, IPC and 3/4 D. P. Act. Consequently, the charge was framed against all the accused persons on 9. 4. 2007 by the Additional Chief Judicial Magistrate, Court No. 5 Ghaziabad in renumbered Crl. Case No. 467 of 2007 Order dated 27. 2. 2007 was challenged by the applicants in the Court of Sessions Judge Ghaziabad by means of Crl. Revision No. 206 of 2007, which has been decided by the Additional Sessions Judge Court No. 10, Ghaziabad vide impugned judgment and order dated 21. 7,2007, whereby the revision has been dismissed. Both these orders have been sought to be quashed in this proceedings.

(3.) DRAWING my attention towards the compromise filed by the parties before the Allahabad High Court Mediation and Conciliation Centre, it was submitted by the learned Counsel for the applicants that continuance of the proceedings of Criminal Case No. 1923 of 2006 (renumbered as Crl. Case No. 467 of 2007) is not in the interest of justice and hence the entire proceedings of the case including both the impugned orders should be quashed by this Court Its inherent jurisdiction under Section 482. Cr. P. C. For this contention, reliance has been placed on the cases of 6. S, Joshi and others v. State of Haryana and another (2003) 4 SCC 675 and Ausaf Ahmad Abbasi and others v. State of U. P. and another, 2006 (30) JIC 135 (All ).