PRASHANT BIST Vs. STATE OF U P

JUDGEMENT

(1.) By the present application under Section 482 Cr.P.C. the applicants have invoked the inherent jurisdiction of this Court praying for quashing of the proceeding of Criminal Case No. 672 of 2008 arising out of case Crime No. 54/08. State of U.P. v. Prashant Bist and others under Sections 498A IPC and 3/4 DP Act P.S. Indrapuram District Ghaziabad pending in the Court of Civil Judge (J.D.) Ghaziabad.

(2.) The background facts in a nutshell are as follows: Prashant Bist applicant No.1 was married with opposite party No.2 Geeta Rawat who is informant of case crime No.54/2008, under Sections 498A IPC and 3/4 D.P. Act P. S. Indrapuram District Ghaziabad. The FIR of the said crime number was lodged by her on 1.5.1.2008 in respect of the incident in" between dated 4,12.2006 till 8.1.2007. In the said FIR all the applicants were mentioned as accused persons. The allegations in brief were that opposite party No. 2 was married with applicant No. 2 on 14.12.2006, she was subjected to cruelty and harassment for Rs. 10,00,000 as additional dowry by the applicants after marriage. It is alleged that on the date and time of the incident she was beaten and was turned out from their house by the applicants on account of non-fulfilment of the said demand. In order to settle the dispute, a panchayat was convened but the attempt of compromise could not be materialized. Thereafter on the basis of said allegations the FIR was registered at police station Indrapuram in the above case crime.

(3.) The police after usual investigation submitted a charge-sheet against the applicants under the aforesaid sections vide charge-sheet No. 285/2008in the concerned Court of Magistrate. The concerned Magistrate took the cognizance for the offence against all the applicants. Hence his application has been moved by the accused persons for quashing of the aforesaid proceedings pending against them. After some gap of time informant as well as charge-sheeted accused-applicants settling their differences came to terms and entered into a compromise with the help of some respectable persons. Now the matter has been set at rest between the parties as both the parties have entered into compromise. In terms of such compromise an application to this effect on their behalf was moved before the Civil Judge (J.D.) Ghaziabad which is still pending. This fact has not been denied by the opposite party.