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Allahabad High Court · body

2014 DIGILAW 2058 (ALL)

Gopal Krishna Varshney v. State of U. P.

2014-07-14

RAJESH DAYAL KHARE

body2014
JUDGMENT Hon'ble Rajesh Dayal Khare, J. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri G.K.Gupta, learned counsel for the opposite party no.2. 2. The present application under Section 4 82 Cr.P.C., has been filed for quashing the charge sheet no. 56 of 2011, registered as Criminal Case No. 11189 of 2011, under Sections 498A, 504, 506, 323 I.P.C., and Section 3 /4 of Dowry Prohibition Act, Police Station Mahila Thana, District Meerut, pending before learned Chief Judicial Magistrate, Court No.1, District Meerut. 3. Learned counsel for the applicants has contended that compromise has been entered into between the applicant no.3-husband namely, Neeraj Varshney and the daughter of the opposite party no.2-wife namely, Smt. Tanu Dayal, therefore, the present application may be decided on the basis of the compromise. 4. Learned counsel for the opposite party no.2 has filed an application no.194856 of 2014 and has stated that the case may be decided on the basis of the compromise as the matter has been compromised between the parties and the opposite party no.2 does not want to proceed further with the matter. 5. In view of the fact that the husband and wife do not want to pursue the case any further as stated by them. The matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise, therefore, no useful purpose would be served in proceeding with the matter further. 6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the aforesaid case is hereby set aside. The present application is accordingly allowed.