S.C. Agarwal, J. - (1.) HEARD Mohd. Shoeb Khan, learned Counsel for the applicants, Shri Ajay Kumar Tiwari, learned Counsel for the opposite party No. 2 as well as learned AGA for the State.
(2.) THIS application under Section 482 Cr.P.C has been filed with a prayer to quash the charge sheet dated 10.5.2006 as well as supplementary affidavit charge sheet dated 9.7.2006 and further proceedings of case No. 2188 of 2006 arising out of case Crime No. CC13/2005, under Sections 498 -A IPC and under Section 3/4 of D.P. Act, P.S. Chilwatal, district Gorakhpur pending in the Court of Judicial Magistrate, Court No. 17, Gorakhpur. Learned Counsel for the applicants submitted that parties have come to terms. It is a matrimonial dispute. The marriage of the applicant No. 4 Santosh Kumar and Smt. Anita Gupta, the daughter of complainant Shiv Charan Prasad has been resolved by a decree of divorce on the basis of compromise, and therefore, the proceedings be quashed.
(3.) A compromise petition was filed by applicant No. 4 Santosh Kumar and Smt Anita Gupta jointly in the Family Court, Lucknow being Divorce Petition No. 1563 of 2004, Santosh Kumar Gupta v. Anita Gupta and the divorce petition was decided in terms of compromise dated 22.7.2010 by a judgment and decree dated 22.7.2010. The aforesaid compromise was made part of decree. A copy of the decree and the compromise have been filed as Annexure Nos. RA -1 and RA -2 to the Rejoinder Affidavit. In paragraph No. 5 of the compromise petition, it was mentioned that the parties would get the criminal case No. 2188 of 2006 arising out of Crime No. 13 of 2005, under Section 498 -A IPC and 3/4 D.P. Act decided in terms of compromise.;