SAWAN AHUJA AND OTHERS Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2010-3-168
HIGH COURT OF ALLAHABAD
Decided on March 15,2010

Sawan Ahuja and Others Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

D.R.AZAD, J. - (1.) HEARD learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. This Criminal Misc. application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Case No. 1786 of 2007 ( State Vs. Sawan Ahuja & others ) under Sections 498-A, 313, 323, 406, 504 and 506 I.P.C. Police Station Sinhani Gate District Ghaziabad pending in the court of Chief Judicial Magistrate, Ghaziabad.
(2.) VIDE order dated 22.11.2007, after hearing counsel for the applicants and the learned A.G.A., this Court was pleased to stay the further proceedings of Case No. 1786 of 2007 ( State Vs. Sawan Ahuja and others ) under Sections 498-A, 313, 323, 406, 504 and 506 I.P.C. Police Station Sinhani Gate District Ghaziabad pending in the court of Chief Judicial Magistrate, Ghaziabad. Learned counsel for the applicants has filed a supplementary affidavit dated 15..3.2010 annexing therewith a judgment dated 8.2.2010 passed by Shri Arvind Kumar Addl. District Judge, Karkrdooma Courts, Delhi in H.M.A. No. 37/10 in which it has been mentioned that the parties have entered into compromise out side the Court.The aforesaid judgment is Annexure -1 to the supplementary affidavit. in para- 4 of the supplementary affidavit, it has been mentioned that the applicant no. 1 and Opp. Party No. 2 are law abiding citizens and they have settled their dispute amicably out side the court and have no interest in further litigation In pursuance of the terms and conditions mentioned in the judgment of the Delhi Court, a demand draft of a sum of Rs. 50, 000/- bearing No. 292153 dated 13.3.2010 prepared by the State Bank of India, Ghaziabad Branch has been handed over by the counsel for the applicant Sri O.P. Mishra to the counsel for the Opp. Party No. 2 Sri Nitin Gupta in Court today. Learned counsel for the applicants placed reliance on the observations made by the Apex Court in the case of B.S. Joshi Vs. State of Haryana and another, reported in 2003 (46) A.C.C. 779 S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal and others, reported in 2004 (3) J.I.C.769 S.C. The Hon'ble Apex Court quashed the proceedings of criminal case on the basis of the compromise filed between the parties mainly on the ground that no lawful purpose would be served by continuance of the proceedings between the parties. In view of the above decisions of the Hon'ble Apex Court, the proceedings of the proceedings of Case No. 1786 of 2007 ( Case Crime NO. 368 of 2007) State Vs. Sawan Ahuja and others under Sections 498-A, 313, 323, 406, 504 and 506 I.P.C. Police Station Sinhani Gate District Ghaziabad pending in the court of Chief Judicial Magistrate, Ghaziabad. is hereby quashed.
(3.) LEARNED counsel for the applicants is directed to produce certified copy of this order before Chief Judicial Magistrate, Ghaziabad for information and its compliance within a period of 15 days from the date a certified copy of this order is issued to him. With the aforesaid direction, this application is disposed of finally.;


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