SATISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) VIJAY Kumar Verma, J. By means of this application under section 482 Cr. P. C. of the Code of Criminal Procedure (in short, 'the Cr. P. C. '), the applicants (1)Satish Kumar, (2) Shree Pal, (3) Smt. Kamlesh and (4) Smt. Gyanu @ Gyanwati have invoked inherent jurisdiction of this Court for quashing of the proceedings of criminal case no. 950 of 2007 (State Vs. Satish Kumar and others) under section 498a, 323, 504, 506 I. P. C. and 3/4 D. P. Act arising out of crime no. 527 of 2005, P. S. VIJAY Nagar, Ghaziabad pending in the Court of Addl. Chief Judicial Magistrate, Court No. 2, 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 marriage of applicant no. 1 Satish Kumar and opposite party no. 2 Smt. Kavita took place on 15. 04. 2001, but subsequently some misunderstanding and disputes were developed between the couple, as a result of which Smt. Kavita lodged an FIR against the applicants at P. S. Vijay Nagar (Ghaziabad), where a case under section 498-A, 323, 504, 506 I. P. C. and 3/4 D. P. Act was registered at crime no. 527 of 2005. After investigation, one chargesheet against the applicant no. 4 Smt. Gyanwati and another chargesheet against other applicants were submitted, on the basis of which, criminal case no. 2504 of 2006 was registered, which was renumbered as case no. 950 of 2007. An application for granting maintenance under section 125 Cr. P. C. was also moved by opposite party no. 2 Smt. Kavita against her husband applicant no. 1 Satish Kumar in case no. 3 of 2007. During the pendency of these cases, due to intervention of some well-wishers and relatives, the parties settled their dispute, in consequence whereof the applicant no. 1 paid Rs. 70, 000/- to Smt. Kavita as whole time maintenance and streedhan. After payment of that amount, a compromise was filed by the parties in the proceeding under section 125 Cr. P. C. On the basis of the compromise and settlement arrived at between the parties, the Addl. Civil Judge (J. D.)/j. M. , Court No. 3, Ghaziabad vide his order dated 25. 09. 2008 dismissed the case under section 125 Cr. P. C. as withdrawn. As a result of the compromise entered into between the parties, the applicants have invoked the inherent jurisdiction of this court to quash the proceeding of criminal case referred in para 1 above.

(3.) OPPOSITE party no. 2 Smt. Kavita has filed counter affidavit in this proceeding. In para 9 of the counter affidavit, she has admitted that Rs. 70, 000/- have been paid to her by applicant no. 1 as one time maintenance allowance as well as streedhan. In para 12 of the counter affidavit, it is also admitted by Smt. Kavita that all the differences and disputes occurred between the couple have been settled by them and after compromise, she and her husband Satish Kumar are living separately and they are trying to give new shape to their bright future. In para 14 and 15 of the counter affidavit, it is further stated that in view of the compromise entered into between the parties, no useful purpose would be served to continue the criminal proceedings of case no. 950 of 2007 pending against the applicants in the court of Addl. Chief Judicial Magistrat Court No. 2, Ghaziabad.