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2015 DIGILAW 1500 (ALL)

Santosh Kumar @ Badkana Soni v. State of U. P

2015-06-05

MAHENDRA DAYAL

body2015
JUDGMENT Mahendra Dayal, J. An affidavit along with Vakalatnama filed by Shri Arun Kumar Pandey, Advocate on behalf of the opposite party No.2, today in Court, is taken on record. 2. Heard learned counsel for the applicant and learned AGA, who has accepted notice on behalf of the State as well as Shri Arun Kumar Pandey, learned counsel appearing on behalf of the opposite party No.2 and also pursed the pleadings. 3. By means of this application under Section 482 CrPC, the applicant has prayed for quashing of the order dated 07.04.2015 passed by Additional Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No.501/2014, whereby the applicant has been summoned in case arising out of Case Crime No.154/2007, under Sections 504 and 506 IPC relating to P.S. Baskhari, District Ambedkar Nagar. 4. Learned counsel for the applicant submits that the dispute between the parties is a family dispute between husband and wife and now they have settled their dispute and are living peacefully as husband and wife. An affidavit filed by the opposite party No.2 stating therein that the dispute between them has been settled and now there is no enmity against each other. The applicant as well as the opposite party No.2 are also present in person before this Court and they have stated that the matter may be dropped. 5. Having heard learned counsel for the parties and having considered the fact that the parties have entered into compromise and they are now living peacefully as husband and wife and also keeping in view of the law laid down by Hon'ble the Apex Court in the case of B.S. Joshi and others vs. State of Haryana and another, reported in 2003 (4) SCC 675 , the application is allowed and the entire proceedings of Case No.501/2014 arising out of Case Crime No.154/2007 under Section 504 /506 IPC relating to P.S. Baskhari, District Ambedkar Nagar as well as charge-sheet arising out of the aforesaid criminal case are hereby quashed.