KIRAN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for the opposite party No. 2 as well as learned AGA appearing on behalf of the State and perused the record. The instant petition was filed for quashing the impugned order dated 23.1.2010 passed by learned Additional Chief Judicial Magistrate-I Mirzapur in Case No. 3186 of 2009 (Rakesh Pandey v. Kiran Pandey and others), under Sections 147, 323, 504, 506(2) I.P.C., police station Aharaura, district Mirzapur.

(2.) The applicant No. 1 is the wife of opposite party No. 2. The opposite party No. 2 had initiated the proceeding against the applicants by filing a complaint before the Court of Additional Chief Judicial Magistrate-1st Mirzapur which was registered as case number 3186 of 2009 whereby the applicants have been summoned under Sections 147, 323, 504, 506(2) IPC, P.S, District Mirzapur vide impugned order dated 23.1.2010.

(3.) At the stage of admission the another Bench of this Court vide order dated 17.3.2010 referred the matter to the mediation centre while staying the proceeding of the aforesaid case and further directing the applicants to deposit the amount of Rs. 2,500/- within two weeks before the Mediation Centre by a bank draft in the name of the opposite party No. 2. The submission of the learned counsel for the parties are that both the parties have entered into amicable settlement before the mediation centre and pursuant to which now they are living together as husband and wife and have removed all the differences against each other and have agreed that they will withdraw all the cases filed against each other. The applicants had filed a case against the opposite party No. 2 and his family members under Sections 498A, 323, 504 IPC and 3/4 D.P. Act and it was on 29.7.2010 referred before the mediation centre and it was agreed that they shall also withdraw the aforesaid case which was initiated by the applicant's wife-opposite party No. 2. In the result, since the opposite party No. 2 does not want to prosecute the applicants, therefore, this petition may be decided in terms of the compromise arrived at between the parties before the mediation centre.