Court No. - 52
Case :- APPLICATION U/S 482 No. - 41823 of 2018 Applicant :- Abhay Srivastava And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sudhir Kumar Srivastava, learned counsels for the applicants, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of entire proceedings of Case No. 1755 of 2018 (State Versus Abhay Srivastava and others) under Sections 498-A, 354, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Rohaniya, District Varanasi.
Learned counsel for the applicants states that it is a matrimonial dispute and now both the parties have resolved all their disputes. They have also filed compromise deed in the court of Principal Judge, Family Court, Varanasi in the proceeding under Section 13-B of Hindu Marriage Act whose copy has been annexed annexure-5 to the affidavit. It is stated that the parties have settled their dispute that a banker's cheque whose copy has been annexed with Annexure-5 has been delivered to opposite party no.2. Therefore, no useful purpose would be served in keeping proceeding under Section 498-A I.P.C. pending against the applicants. He further submits that he may be allowed one month's time to file a joint compromise of the applicants and opposite party no.2 before the court concerned. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Narinder Singh & ors. Vs. State of Punjab and anr. reported in (2014) 6 SCC 466.
Considering the submissions made by learned counsel for the parties, the applicants are directed to file a joint compromise of the applicants and opposite party no.2 within one month before the court concerned. In case the compromise is filed within aforesaid period and both the parties have settled their dispute and the court is satisfied that the compromise is genuine, it shall be a liberty to quash the proceedings under Sections 498- A I.P.C. within a period of two months thereafter.
For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 28.11.2018 MN/-