Court No. - 15
Case :- APPLICATION U/S 482 No. - 37130 of 2017 Applicant :- Ashish Kumar Verma & 2 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Sarwar Ali Siddique,Nazia Ilyas Counsel for Opposite Party :- G.A.,Indra Pal Singh Rajpoot
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, Sri D.S. Singh, Advocate holding brief of Sri Indra Pal Singh Rajpoot, learned counsel for opposite party no. 2 and learned A.G.A. for the State of U.P.
This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceedings of Case No. 123 of 2017 (State v. Ashish Kumar Verma and others) under Sections 498A, 323, 504, 506, 406, 325 and 307 of the Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961 as well as charge-sheet dated 15.09.2017 arising out of Case Crime No. 0016 of 2017, Police Station - Mahila Thana, District - Gautam Buddh Nagar.
Learned counsel for the applicants has filed the certified copy of the order dated 12.10.2018 passed by Additional Judge, Family Court, Gautam Buddh Nagar in Case No. 64 of 2018 (Smt. Vaishali v. Ashish Kumar Verma), whereby petition under Section 13B of the Hindu Marriage Act, 1955 has been allowed and the marriage between the parties (Smt. Vaishali and Ashish Kumar Verma) was dissolved.
Learned counsel for the applicants further contended that the matter has been amicably settled between the parties through mediation. He also admitted this fact that opposite party no. 2 Vaishali has withdrawn the case.
Accordingly, as per judgment of Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501, the proceedings in the aforesaid case is quashed.
Resultantly, the instant application stands allowed. Order Date :- 28.11.2018 I. Batabyal