Court No. - 27
Case :- APPLICATION U/S 482 No. - 47722 of 2018 Applicant :- Anil Kumar Gupta And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Sri Kamlesh Singh, Advocate has filed Vakalatnama on behalf of the opposite party no. 2 as well as joint affidavit, the same are taken on record.
Heard Sri Narendra Singh, learned counsel for the applicants and Sri Kamlesh Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The marriage between applicant no. 1 Anil Kumar Gupta and opposite party no. 2 Ruchi Gupta was solemnized on 01.05.2001. It appears that there were some matrimonial dispute between applicant no. 1 and opposite party no. 2 which led to filing a criminal case by opposite party no. 2 against the applicant no. 1 and his family members.
The record further reveals that opposite party no. 2 has filed divorce petition under Section 13-B of the Hindu Marriage Act for dissolution of the marriage.
Counsel for the applicants submits that the parties have entered into compromise and the aforesaid facts are also supported by the averments made in the joint affidavit.
According to the compromise, the opposite party no. 2 has agreed to withdraw all the criminal proceedings initiated by her against the applicant no. 1 and his family members.
A short counter affidavit filed by the opposite party no. 2, wherein it is admitted that the differences between her and applicant no. 1 has been amicably settled.
In view of the fact that the parties have entered into an agreement and the opposite party no. 2 has voluntarily agreed under the compromise to withdraw all the criminal proceedings against the applicants, consequently, the present application is allowed and the proceedings of Criminal Case No. 1325 of 2017 arising out of charge sheet dated 20.10.2016 filed in case crime no. 1204 of 2014, (State Vs. Anil Kumar Gupta & Others), under Section 498-A, 506 I.P.C. P.S. Colonelganj, District Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad is quashed. There shall be no order as to costs.
Order Date :- 30.1.2019 Ishan