- (1.) Heard Sri Abhishek Srivastava, learned counsel for the applicants, Sri Harikesh Kumar Gupta, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been preferred with a prayer to quash the proceedings of case no.2739 of 2006 relating to case crime no.53 of 2005 under Sections 498A, 323, 504, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gorakhpur pending in the Court of A.C.J.M., Court No.23, District Gorakhpur. It is a matrimonial dispute. Applicant no.1 is the mother-in-law and applicant no.4 is the husband of opposite party no.2. Applicants no.2 & 3 are the brothers of applicant No.4.
(3.) Opposite party no.2 Smt. Tahira Begum has stated in paragraph no.4 of the counter affidavit dated 14.10.2009 as follows : "That the applicants and opposite party no.2 have already entered into a compromise in the present case and no dispute is pending between them at present and further both the parties do not want to keep the present case pending, so that it may cause hardship to them and deponent is willfully and happily wants to get the proceeding of Case No.2739 of 2006 pending in the Court of A.C.J.M., Court No.23, Gorakhpur in relation tocase crime no.53 of 2005 under Sections 498A, 323, 504, 406 of I.P.C. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Gorakhpur be quashed by this Hon'ble Court, as the parties entered into a compromise. A copy of the affidavit of the opposite party no.2 and applicant no.1 are collectively being filed herewith and marked as Annexure No.1 to this affidavit.";