Court No. - 71
Case :- APPLICATION U/S 482 No. - 7770 of 2019 Applicant :- Archana Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhushan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
This present 482 Cr.P.C. application has been filed to direct the A.C.J.M. Court No.2, Varanasi to conclude the trial or decide the case on the basis of settlement of parties of the Case No. 2673 of 2016(Case Crime No. 139 of 2015) (State Vs. Abhay Kumar Singh & others) under sections 498- A, 323, 04, 506 I.P.C. & Section 3/4 Dowry Prohibition Act P.S. Kapsethi District Varanasi expeditiously in some stipulated time.
The submission is that applicant and opposite party no.2, who are wife and husband, have entered into compromise in proceeding under section 13-B of Hindu Marriage Act on 19.11.2018. In pursuance of the aforesaid compromise applicant has moved application for withdrawal of the case crime no. 2673 of 2016 under sections 498-A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act. Since parties have entered into compromise , Rs,5,25,000/- has been deposited by the opposite party no.2 therefore this case should be withdrawn so the applicant may withdraw the amount of Rs. 5,25,000/- in pursuance of the compromise between the parties. It has been submitted that amount deposited in pursuance of the compromise decree has not been released in favour of the applicant on account of pendency of case no.2673 of 2016. She had approached this court by filing matter Under Article 227 No. 452 of 2019 which has been disposed of directing the applicant to move appropriate application. She has already moved an application for withdrawal of the proceeding on 12.12. 2018. It has been submitted that the court below has not passed any order on the application of the applicant.
The application is disposed of the with the direction to the court below to decide the application of the applicant by a reasoned and speaking order within a period of three weeks from the date of production of certified copy of this order before it.
Order Date :- 28.2.2019 Atul kr. sri.