RAVINDRA SINGH, J. - (1.) THIS appli­cation has been filed by the applicant Husan Lal, Roshan Lal and Smt. Santosh with a prayer to quash the proceedings of Criminal Case No 2226 of 2001 under sec­tions 498-A, 323, 504 and 506 IPC and sec­tion 3/4 of the D.P. Act pending in the Court of learned A.C.J.M., Muzaffarnagar.
(2.) IT is contended by the learned Counsel for the applicants that in the pres­ent case O.P. No. 2 Smt. Rashmi W/o ap­plicant No. 1 Husan Lal entered into a compromise and they have decided to live separately, their divorce petition has been allowed under the terms other compro­mise. The applicant No. 1 and O.P. No. 2 are young persons, O.P. No. 2 is having no objection in quashing the proceedings be­cause she does not want to proceed further against the applicants. In such a situation, the prosecution of the applicants will not serve any fruitful purpose because O.P. No. 2 and other witnesses will not support the prosecution story, ultimate result will be acquittal of the applicants but during the pendency of the proceedings of the present case, applicant No. 1 and O.P. No. 2 shall not be able to settle their lives independ­ently and they shall not be able to lead their lives peacefully, the proceedings of this case have been arisen on account of matri­monial dispute, same has been settled, in such a situatk in view of the decision of the case in B.S. Josh' and another v. State of Hariyam' and another, 2003 (46) ACC 779 (SC) = 2003 (51) ALR 222 = 2003 (5) AIC 42 (SC) the proceedings of the case tiny be Quashed. In reply of the above contention, it is submitted by the learned Counsel (or O.P. No. 2 in the present case both the parties have entered into a compromise applicant No. 1 and O.P. No. 2 have decided to live separately and applicant No. 2 has received the amount of money which has been settled as one of the terms to of the compromise given today also in the shape of a draft of Rs. 2 lacs dated 30.8.2008 bearing No. 041362, which has been accepted by O.P. No. 2 O.P. No. 2 is having no objection in quashing the proceedings of this case, which are pending against the applicants.
(3.) CONSIDERING the submission made by the learned Counsel for the applicant and the learned A.G.A. and the learned Counsel for O.P. No. 2 and from the pe­rusal of record, it appears that in the pres­ent case applicant No. 1 and O.P. No. 2 who are husband and wife respectively have entered into a compromise, they have decided to live separately under the terms of compromise, the divorce petition has been allowed and O.P. No. 2 accepted the amount of money, which has been settled between the parties, O.P. No. 2 is present in the Court, she has accepted the draft of Rs. 2 lacs dated 30.8.2008 bearing No. 041362, she has orally stated before the Court that she does not want to proceed further against the applicant and she has stated that the proceedings pending against the applicant may be quashed.;