Court No. - 70
Case :- APPLICATION U/S 482 No. - 29095 of 2019 Applicant :- Ashish Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Himkanya Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the materials available on record.
This application under Section 482 Cr.P.C. has been preferred by the applicant with a prayer to issue a suitable direction to the Additional District Judge, Ghaziabad to decide the Criminal Appeal No.10 of 2018 (Ashish Mishra Vs. State) arising out of conviction order dated 13.12.2017 passed by Additional Chief Judicial Magistrate, Court No. 8 Ghaziabad in Criminal Case No.1509 of 2013 arising out of Case Crime No.150 of 2012, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, on the basis of compromise dated 13.03.2019.
It is submitted by the learned counsel for the applicant that in view of recent judgment of Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan 2019 (5) SCC 688, the offence under Sections 498-A, 323 I.P.C. and Section 4 Dowry Prohibition Act, is liable to be compromised, therefore conviction of the applicant can be set aside and criminal appeal no.10 of 2018 filed by the applicant can be decided in terms of compromise dated 13.03.2019.
It is further submitted that the parties concerned (applicant/husband and daughter of opposite party no.2) have moved the compromise application dated 13.03.2019 in Criminal Appeal No.10 of 2018 before the Appellate Court, but the same is still pending.
After having heard argument of learned counsel for the parties and considering the facts and circumstances of the case, I find that this is a pure matrimonial dispute.
In view of above, the Additional District Judge, Ghaziabad is directed to decide the Criminal Appeal No.10 of 2018 taking into consideration of compromise application dated 13.03.2019, after getting the same verified in presence of parties concerned in light of law laid down by the Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan (supra) expeditiously.
With this observation, the application is disposed of.
Order Date :- 30.7.2019 Zafar