Court No. - 55
Case :- APPLICATION U/S 482 No. - 42645 of 2018 Applicant :- Atar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pravesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the impugned order dated 7.9.2018 passed by the ACJM, Court No. 1, Moradabad as well as proceeding of complaint case no. 4801 of 2015 (Smt. Kunwarwati Vs. Atar Singh and two others) under Section 12 of Portection of Women from Domestic Violence Act, P.S. Bilari, District Moradabad.
Learned counsel for the applicant submits that applicant and opposite party no. 2 are the husband and wife and there is some matrimonial discord between them due to which opposite party no. 2 is living in her parental house with daughter. Learned counsel submits that opposite party no. 2 has filed complaint case no. 4801 of 2015 (Smt. Kunwarwati Vs. Atar Singh and two others) under Section 12 of Portection of Women from Domestic Violence Act, P.S. Bilari, District Moradabad before the ACJM, Court No. 1, Moradabd and the said court has passed an order dated 3.8.2016 awarding Rs. 4000/- as maintenance to the opposite party no. 2 during pendency of the case. Against the said order applicant has filed an appeal before the District and Sessions Judge, Moradabad but same has been rejected. Learned counsel further submits that on 31.7.2017 both the parties have entered into compromise with the condition that applicant give Rs. 1,50,000/- to the opposite party no. 2 and based on the same ACJM, Court No. 1, Moradabad, has passed the compromise order dated 31.7.2017, which is part of the affidavit as annexure no. 3. Learned counsel further submits that in spite of the order dated 31.7.2017, the aforesaid complaint case is still ongoing and same is listed for evidence. Learned counsel further submits that to stop the said proceedings, applicant has moved an application on 22.8.2017 which is pending consideration before the court concerned.
Learned AGA has appeared for the State and he has also not contradicted the said statement made on behalf of the applicant.
In view of the aforesaid facts and circumstances of the case, ACJM, Court No. 1, Moradabad is directed to dispose of the application dated 22.8.2017 filed by the applicant in complaint case no. 4801 of 2015, in accordance with law, by speaking and reasoned order, preferably within a period of three months from the date a certified copy of this order is produced before him.
With these observations, application is disposed of.
Order Date :- 27.11.2018 Shekhar [Chandra Dhari Singh, J.]