Court No. - 15
Case :- APPLICATION U/S 482 No. - 39047 of 2016 Applicant :- Dhirendra Singh And 3 Others Opposite Party :- State Of U.P.And Another .
Counsel for Applicant :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed today on behalf of the applicants is taken on record.
Heard learned counsel for the applicants and learned A.G.A., for the State of U.P. Perused the record.
This application under Section 482 Cr.P.C., has been filed with prayer to quash the entire proceedings of Complaint Case No. 3 of 2016 (Sushma Singh @ Priya Vs. Dhirendra Singh and others) under Section 498-A IPC and Section 3/4 D.P. Act, Police Station Gopiganj, District Sant Ravidasnagar.
Learned counsel for the applicants contended that the matter was sent to the mediation & conciliation centre of this Court where matter was settled amicably between the parties. The report of mediation centre is available on record. In judgment and order dated 2.12.2017 passed by Principal Judge, Family Court, Bhadohi at Gyanpur in Case No. F-137 of 2017 (Sushma Singh @ Priya Vs. Dhirendra Singh), it is mentioned that parties have settled their dispute amicably.
In pursuance of the settlement agreement the divorce petition no. F-137 of 2017, (Sushma Singh @ Priya Vs. Dhirendra Singh), under section 13-B of the Hindu Marriage Act has been decided and their marriage has been dissolved by a decree of divorce dated 2.12.2017 passed by Principal Judge, Family Court, Bhadohi, Gyanpur. Thus, the settlement agreement has been acted upon by the parties.
In view of law laid down by 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, this application under Section 482 Cr.P.C., is allowed. The entire proceedings of Complaint Case No. 3 of 2016 (Sushma Singh @ Priya Vs. Dhirendra Singh and others) under Section 498-A IPC and Section 3/4 D.P. Act, Police Station Gopiganj, District Sant Ravidasnagar is hereby quashed.
Order Date :- 26.11.2018 Jaswant