Cr.P.C. for quashing of the entire criminal proceeding against the v. Ghaziabad, pending in the court of Chief Judicial Magistrate

1. Heard Sri Ishir Sripat, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State as well as counsel for the opposite party no. 2.

2. The applicants herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the applicants arising out of Case No. 2830 of 2017 (State Vs. Yagyawal Sharma and others) arising out of Charge Sheet No. 01 of 2017 dated 30.09.2017 in Case Crime No. 1563 of 2017, under Sections 323, 504, 506 I.P.C., Police Station Sahibabad, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.

3. This Court on 22.08.2019 proceeded to pass the following orders: "Heard applicants' counsel as well as learned AGA for the State and perused the record. Submission of counsel for applicants is that applicant no.1 is mother-in-law, applicant no.2 is father-in-law, applicant no.3 is brother-in-law (Jeth) and applicant no.4 is sister-in-law (Jethani) of opposite party no.2. In fact the marriage of son of applicant no.1 and 2 was solemnized with opposite party no.2 on 06.7.2014 without any dowry but right from the beginning the opposite party no.2 was adamant to live separate from the applicants, and therefore she started creating hindrance amongst the family. Submission is that opposite party no.2 had lodged several complaints/criminal proceedings against the applicants, details of which has been given in paragraph-9 of the affidavit filed in support of the present application. It has been pointed out that the husband of opposite party no.2 has not been arrayed as accused in the present case. Submission is that as now the opposite party no.2 is living along with her husband, they had an eye over the house of applicant no.1 and to take possession of the same, they had lodged the present F.I.R. in order to create pressure upon the applicants. Further submission is that initially in the F.I.R. the opposite party no.2 had levelled the allegations of outraging her modesty also but during investigation this allegation was found to be false and the charge sheet has been submitted against the applicants for the offences punishable u/s 323, 504, 506 I.P.C. It has been lastly submitted that at no point of time the applicants had ever abused or had even threatened to opposite party no.2 and the allegations contrary to this are absolutely untenable. Submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicants are allowed to go on, it will result in the abuse of court's process. Contentions raised at the bar require detailed hearing on law and facts both. Notice on behalf of opposite party No.1 has been accepted by learned AGA. Issue notice to the opposite party no.2 returnable within four weeks. Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter. List this matter immediately after expiry of the aforesaid period before the appropriate Bench. Till the next date of listing, further proceedings of Case No. 2830 of 2017, State vs. Yagyawal Sharma and others, arising out of charge sheet dated 30.9.2017 submitted in Case Crime No. 1563 of 2017, under Sections 323, 504, 506 I.P.C., P.S.- Sahibabad, District Ghaziabad, with regard to the applicants namely Smt. Deepa Sharma, Yagyawal Sharma, Himanshu Sharma and Smt. Priti Sharma, shall remain stayed."

4. Learned counsel for the applicants has submitted that there happens to be settlement agreement dated 29.05.2024 between the parties settling the dispute before the Mediation and Conciliation Centre, Lucknow Bench, para-6 of the Settlement Agreement is quoted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Dhirendra Kaushik (First Party/husband) and Beenu Sharma (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Ghaziabad bearing R. S. No. 1458 of 2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.22,00,000/- (Twenty Two Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their daughter namely Anshika, who was born out of the wedlock of both the parties. C. That both the parties have agreed that the aforesaid amount Rs.22,00,000/- (Twenty Two Lacs only) would be paid to the Second Party/wife in two installments. The first installment of Rs. 11,00,000/-(Eleven Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow in the shape of Demand Drafts to be prepared in such a manner that an amount of Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to the Second Party/wife- Beenu Sharma @ Beenu Tiwari and Rs. 5,50,000/-(Five Lacs Fifty Thousand only) be paid to their daughter Anshika. The second installment of Rs. 11,00,000/- (Rupees Eleven Lacs Fifty Thousand) will be paid by the First Party/husband to the Second Party/wife in the shape of Demand Drafts be prepared in such a manner that an amount of Rs 5,50,000/-(Five Lacs Fifty Thousand only) be paid to the Second Party/wife-Beenu Sharma @ Beenu Tiwari and Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to their daughter Anshika at the time of second motion of the joint petition for divorce bearing R.S. No. 1458 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Ghaziabad. D. That in accordance with clause 6 (C), the First Party has handed over two Demand Drafts to the Second Party today ie 29.05.2024. The Second Party acknowledges the receipt of the same. The details of the Demand Drafts are mentioned hereunder:- (I) D. D. No. 902635 dated 17.05.2024 amounting to Rs.5,50,000/- (Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Beenu Tiwari Canara Bank AC No. 110105274497. (II) D. D. No. 902648 dated 20.05.2024 amount to Rs.5,50,000/-(Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Anshika D/O Beenu Tiwari E. That the parties have agreed that the custody of their daughter Anshika would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses to be incurred towards bringing up of Anshika viz education, daily needs, marriage etc. F. That the First Party has agreed that he shall not claim the custody of Anshika in future. G. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

1. FIR No. 356 of 2016 under Sections 323, 504, 506, 376, 511 of Indian Penal Code Government of U. P. Vs. Dhirendra Kaushik and Other) Police Station Sahibabad, District Ghaziabad.

2. FIR number 2131/2016 under sections 498, 323, 354, 354, 354 N, 504, 506 of the Indian Penal Code, Government of U. P. Vs. Dhirendra Kaushik and Others, Police Station- Sahibabad District Ghaziabad.

3. Case No. 2830 of 2017 in Case Crime No. 1563 of 2017 (Government of U. P. Vs. Yagyaval Sharma and Other) Police Station-Sahibabad, District- Ghaziabad.

4. FIR No. 2444/2017 (Government Of U. P. Vs. Deep Sharma and Others) Police Station Sahibabad, District-Ghaziabad.

5. Complaint number 13966 year 2017 Binu Sharma vs Vs. Dhirendra Kaushik and Others, Police Station-Sahibabad, District-Ghaziabad.

6. Case number 15965 year 2017 (Binu Sharma Vs. Deep Sharma and others) Police Station-Sahibabad District-Ghaziabad.

7. NCR Report No. 310 Year 2017 Section 323, 506 Indian Penal Code Government vs. Dhirendra Kaushik Police Station Sahibabad District Ghaziabad.

8. Complaint number 874 year 2018 (Binu vs. Dhirendra Kaushik and Others), U/S 125 Cr.P.C. Police Station Sahibabad District Ghaziabad.

9. Case number 384 year 2017 (Binu Sharma vs. Dhirendra Kaushik and Others) Police station Sahibabad District Ghaziabad.

10. Complaint No. 585 of 2019 (Binu Vs. Dhirendra Police Station- Sahibabad, District-Ghaziabad.

11. Case No. 4408 of 2017, (Binu v. Dhirendra Kaushik and others), Police Station- Sahibabad, District-Ghaziabad.

12. Case No. 4413 of 2017 (Binu Vs. Dhirendra Kaushik and others) Police Station- Sahibabad, District-Ghaziabad.

13. Case number 3694 of 2016, (Mrs. Binu Vs. Dhirendra Kaushik and Others) under Domestic Violence Act, Police Station-Sahibabad, District- Ghaziabad, whose revision number 3834 of 2022 is pending in the Honorable High Court, Allahabad.

14. FIR No. 1564 of 2017 under sections 323, 354, 354A of the Indian Penal Code vs. Binu Sharma, Police Station Sahibabad, District Ghaziabad.

15. Case No. 2217 2017 (Government of U.P. Vs. Binu Sharma), Police Station Sahibaba District-Ghaziabad. H. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No.4660 of 2023 (Dhirendra Kaushik & Others Vs State o U.P. & Another) in terms of this settlement agreement. I. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the casets) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. J. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. K. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% pa. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party and the First Party will be at liberty to reopen his cases decided by theH on'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court Forum The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

5. Learned counsel for the applicants submits that so far as the proceedings being Case No. 2830 of 2017 (State Vs. Yagyawal Sharma and others) arising out of Case Crime No. 1563 of 2017, under Sections 323, 504, 506 I.P.C. Police Station Sahibabad, District Ghaziabad which is pending in the court of Chief Judicial Magistrate, Ghaziabad is concerned, the same as per the settlement between the parties in the settlement agreement dated 29.05.2024 in pursuance of the Lucknow Bench of this Court, finds place at serial no. 14 being FIR No. 1563 of 2017 under Sections 323, 354, 354A I.P.C. (wrongly typed as 1564). He submits that in view of the condition No. I of the para-6 of the Settlement Agreement, the parties are to withdraw all the criminal cases which are inter se pending between the parties.

6. Learned counsel for the applicants submits that with respect to the proceedings in case crime no. 356 of 2016, under Sections 498A, 323, 504, 506 read with 3/4 D.P. Act, police station Mahila Thana and summoning order dated 11.07.2017 is concerned, already a proceeding has been set aside in Application U/S 528 BNSS No. 32423 of 2024. He submits that there happens to be a counter affidavit filed by the opposite party no. 2 dated 23.10.2024 sworn by the opposite party no. 2, according to which, the proceedings in the present case is being requested to be quashed, wherein para-9 has been observed as under: "9. That the Respondent no. 2 most respectfully submits that the entire proceedings registered in pursuance of Case no. 9642 of 2018 (State Vs. Deepa Sharma and Others) arising out of Case Crime No. 2444 of 2017 under Section 323, 506 of the I.P.C, P.S.- Sahibabad, District-Ghaziabad pending before Learned Chief Judicial Magistrate Ghaziabad be quashed."

7. Learned AGA as well as counsel for the opposite party no. 2 do not dispute the said fact and now nothing remains to be further proceeded with.

1. Heard Sri Ishir Sripat, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State as well as counsel for the opposite party no. 2.

2. The applicants herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the applicants arising out of Case No. 2830 of 2017 (State Vs. Yagyawal Sharma and others) arising out of Charge Sheet No. 01 of 2017 dated 30.09.2017 in Case Crime No. 1563 of 2017, under Sections 323, 504, 506 I.P.C., Police Station Sahibabad, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.

3. This Court on 22.08.2019 proceeded to pass the following orders: "Heard applicants' counsel as well as learned AGA for the State and perused the record. Submission of counsel for applicants is that applicant no.1 is mother-in-law, applicant no.2 is father-in-law, applicant no.3 is brother-in-law (Jeth) and applicant no.4 is sister-in-law (Jethani) of opposite party no.2. In fact the marriage of son of applicant no.1 and 2 was solemnized with opposite party no.2 on 06.7.2014 without any dowry but right from the beginning the opposite party no.2 was adamant to live separate from the applicants, and therefore she started creating hindrance amongst the family. Submission is that opposite party no.2 had lodged several complaints/criminal proceedings against the applicants, details of which has been given in paragraph-9 of the affidavit filed in support of the present application. It has been pointed out that the husband of opposite party no.2 has not been arrayed as accused in the present case. Submission is that as now the opposite party no.2 is living along with her husband, they had an eye over the house of applicant no.1 and to take possession of the same, they had lodged the present F.I.R. in order to create pressure upon the applicants. Further submission is that initially in the F.I.R. the opposite party no.2 had levelled the allegations of outraging her modesty also but during investigation this allegation was found to be false and the charge sheet has been submitted against the applicants for the offences punishable u/s 323, 504, 506 I.P.C. It has been lastly submitted that at no point of time the applicants had ever abused or had even threatened to opposite party no.2 and the allegations contrary to this are absolutely untenable. Submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicants are allowed to go on, it will result in the abuse of court's process. Contentions raised at the bar require detailed hearing on law and facts both. Notice on behalf of opposite party No.1 has been accepted by learned AGA. Issue notice to the opposite party no.2 returnable within four weeks. Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter. List this matter immediately after expiry of the aforesaid period before the appropriate Bench. Till the next date of listing, further proceedings of Case No. 2830 of 2017, State vs. Yagyawal Sharma and others, arising out of charge sheet dated 30.9.2017 submitted in Case Crime No. 1563 of 2017, under Sections 323, 504, 506 I.P.C., P.S.- Sahibabad, District Ghaziabad, with regard to the applicants namely Smt. Deepa Sharma, Yagyawal Sharma, Himanshu Sharma and Smt. Priti Sharma, shall remain stayed."

4. Learned counsel for the applicants has submitted that there happens to be settlement agreement dated 29.05.2024 between the parties settling the dispute before the Mediation and Conciliation Centre, Lucknow Bench, para-6 of the Settlement Agreement is quoted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Dhirendra Kaushik (First Party/husband) and Beenu Sharma (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Ghaziabad bearing R. S. No. 1458 of 2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.22,00,000/- (Twenty Two Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their daughter namely Anshika, who was born out of the wedlock of both the parties. C. That both the parties have agreed that the aforesaid amount Rs.22,00,000/- (Twenty Two Lacs only) would be paid to the Second Party/wife in two installments. The first installment of Rs. 11,00,000/-(Eleven Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow in the shape of Demand Drafts to be prepared in such a manner that an amount of Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to the Second Party/wife- Beenu Sharma @ Beenu Tiwari and Rs. 5,50,000/-(Five Lacs Fifty Thousand only) be paid to their daughter Anshika. The second installment of Rs. 11,00,000/- (Rupees Eleven Lacs Fifty Thousand) will be paid by the First Party/husband to the Second Party/wife in the shape of Demand Drafts be prepared in such a manner that an amount of Rs 5,50,000/-(Five Lacs Fifty Thousand only) be paid to the Second Party/wife-Beenu Sharma @ Beenu Tiwari and Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to their daughter Anshika at the time of second motion of the joint petition for divorce bearing R.S. No. 1458 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Ghaziabad. D. That in accordance with clause 6 (C), the First Party has handed over two Demand Drafts to the Second Party today ie 29.05.2024. The Second Party acknowledges the receipt of the same. The details of the Demand Drafts are mentioned hereunder:- (I) D. D. No. 902635 dated 17.05.2024 amounting to Rs.5,50,000/- (Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Beenu Tiwari Canara Bank AC No. 110105274497. (II) D. D. No. 902648 dated 20.05.2024 amount to Rs.5,50,000/-(Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Anshika D/O Beenu Tiwari E. That the parties have agreed that the custody of their daughter Anshika would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses to be incurred towards bringing up of Anshika viz education, daily needs, marriage etc. F. That the First Party has agreed that he shall not claim the custody of Anshika in future. G. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

1. FIR No. 356 of 2016 under Sections 323, 504, 506, 376, 511 of Indian Penal Code Government of U. P. Vs. Dhirendra Kaushik and Other) Police Station Sahibabad, District Ghaziabad.

2. FIR number 2131/2016 under sections 498, 323, 354, 354, 354 N, 504, 506 of the Indian Penal Code, Government of U. P. Vs. Dhirendra Kaushik and Others, Police Station- Sahibabad District Ghaziabad.

3. Case No. 2830 of 2017 in Case Crime No. 1563 of 2017 (Government of U. P. Vs. Yagyaval Sharma and Other) Police Station-Sahibabad, District- Ghaziabad.

4. FIR No. 2444/2017 (Government Of U. P. Vs. Deep Sharma and Others) Police Station Sahibabad, District-Ghaziabad.

5. Complaint number 13966 year 2017 Binu Sharma vs Vs. Dhirendra Kaushik and Others, Police Station-Sahibabad, District-Ghaziabad.

6. Case number 15965 year 2017 (Binu Sharma Vs. Deep Sharma and others) Police Station-Sahibabad District-Ghaziabad.

7. NCR Report No. 310 Year 2017 Section 323, 506 Indian Penal Code Government vs. Dhirendra Kaushik Police Station Sahibabad District Ghaziabad.

8. Complaint number 874 year 2018 (Binu vs. Dhirendra Kaushik and Others), U/S 125 Cr.P.C. Police Station Sahibabad District Ghaziabad.

9. Case number 384 year 2017 (Binu Sharma vs. Dhirendra Kaushik and Others) Police station Sahibabad District Ghaziabad.

10. Complaint No. 585 of 2019 (Binu Vs. Dhirendra Police Station- Sahibabad, District-Ghaziabad.

11. Case No. 4408 of 2017, (Binu v. Dhirendra Kaushik and others), Police Station- Sahibabad, District-Ghaziabad.

12. Case No. 4413 of 2017 (Binu Vs. Dhirendra Kaushik and others) Police Station- Sahibabad, District-Ghaziabad.

13. Case number 3694 of 2016, (Mrs. Binu Vs. Dhirendra Kaushik and Others) under Domestic Violence Act, Police Station-Sahibabad, District- Ghaziabad, whose revision number 3834 of 2022 is pending in the Honorable High Court, Allahabad.

14. FIR No. 1564 of 2017 under sections 323, 354, 354A of the Indian Penal Code vs. Binu Sharma, Police Station Sahibabad, District Ghaziabad.

15. Case No. 2217 2017 (Government of U.P. Vs. Binu Sharma), Police Station Sahibaba District-Ghaziabad. H. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No.4660 of 2023 (Dhirendra Kaushik & Others Vs State o U.P. & Another) in terms of this settlement agreement. I. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the casets) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. J. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. K. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% pa. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party and the First Party will be at liberty to reopen his cases decided by theH on'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court Forum The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

5. Learned counsel for the applicants submits that so far as the proceedings being Case No. 2830 of 2017 (State Vs. Yagyawal Sharma and others) arising out of Case Crime No. 1563 of 2017, under Sections 323, 504, 506 I.P.C. Police Station Sahibabad, District Ghaziabad which is pending in the court of Chief Judicial Magistrate, Ghaziabad is concerned, the same as per the settlement between the parties in the settlement agreement dated 29.05.2024 in pursuance of the Lucknow Bench of this Court, finds place at serial no. 14 being FIR No. 1563 of 2017 under Sections 323, 354, 354A I.P.C. (wrongly typed as 1564). He submits that in view of the condition No. I of the para-6 of the Settlement Agreement, the parties are to withdraw all the criminal cases which are inter se pending between the parties.

6. Learned counsel for the applicants submits that with respect to the proceedings in case crime no. 356 of 2016, under Sections 498A, 323, 504, 506 read with 3/4 D.P. Act, police station Mahila Thana and summoning order dated 11.07.2017 is concerned, already a proceeding has been set aside in Application U/S 528 BNSS No. 32423 of 2024. He submits that there happens to be a counter affidavit filed by the opposite party no. 2 dated 23.10.2024 sworn by the opposite party no. 2, according to which, the proceedings in the present case is being requested to be quashed, wherein para-9 has been observed as under: "9. That the Respondent no. 2 most respectfully submits that the entire proceedings registered in pursuance of Case no. 9642 of 2018 (State Vs. Deepa Sharma and Others) arising out of Case Crime No. 2444 of 2017 under Section 323, 506 of the I.P.C, P.S.- Sahibabad, District-Ghaziabad pending before Learned Chief Judicial Magistrate Ghaziabad be quashed."

7. Learned AGA as well as counsel for the opposite party no. 2 do not dispute the said fact and now nothing remains to be further proceeded with.