Court No. - 15
Case :- APPLICATION U/S 482 No. - 27187 of 2018 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shweta Singh,Sanjay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Pratap Singh, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the material available on record.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire criminal proceeding arising out of Complaint Case No. 45281 of 2017, Smt. Shalini Kumar Vs. Dinesh Kumar u/s 12 of Domestic Violence Act, 2005 P.S. Kalyanpur, District Kanpur Nagar pending in the Court of Additional Chief Metropolitan Magistrate-IInd, Kanpur Nagar.
Learned counsel for the applicant stated that O.P. No.2 is wife of accused applicant No.1 and marriage between them was performed 23 years ago and after such a long period, this false case has been initiated. Another application under Section 482 Cr.P.C. No. 23931 of 2018 has been moved by the same accused applicant seeking quashing of proceedings in Criminal Case No. 781 of 2018 (State of U.P. vs. Dinesh Kumar), arising out of Case Crime No. 683 of 2017, under Sections 498A, 323, 504 and 506 I.P.C., P.S. Kalyanpur, District Kanpur Nagar in which this Court has passed an order dated 24.07.2018 vide which matter has been referred to the Mediation Centre. Since the parties are same in the present matter also, the present matter be also connected with the said application Under Section 482 No. 23931 of 2018 so that compromise may be arrived between the parties in this case also.
Matter requires consideration.
Issue notice to O.P. No.2 returnable at an early date.
Learned A.G.A. has accepted the notice on behalf of respondent No.1.
Both the opposite parties shall file counter-affidavit by the next date.
List this matter on 11.10.2018 before an appropriate regular Bench.
Till the next date of listing, no coercive measures shall be taken against the applicant.
Order Date :- 5.9.2018 A. Mandhani