Court No. - 15
Case :- APPLICATION U/S 482 No. - 36731 of 2017 Applicant :- Govind Alias Gajendra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceedings of Criminal Appeal No. 16 of 2015, under Sections 498A, 323 of the Indian Penal Code, 1860 (in short 'IPC') and Section 3/4 of the Dowry Prohibition Act, 1961 (in short 'Act, 1961'), Police Station - Madrak, District - Aligarh, pending in the court of Additional Sessions Judge, Court No. 6, Aligarh. The impugned criminal appeal has been filed against the judgment and order dated 07.02.2015 passed by Additional Chief Judicial Magistrate, Court No. 8, Aligarh, in Case No. 542 of 2014 (Mamta v. Govind alias Gajendra and another).
Vide impugned order dated 07.02.2015, applicants - Govind alias Gajendra and Ram Chandra were convicted for the offences punishable under Sections 498A, 323 of IPC and Section 4 of Act, 1961.
The parties have filed compromise before Sessions Judge in appeal. The compromise has been verified by the court concerned.
This is a case of matrimonial dispute, which has been amicably settled between the parties.
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 of aforesaid case is quashed. Accordingly, applicants - Govind alias Gajendra and Ram Chandra are acquitted of charges under Sections 498A, 323 of IPC and Section 4 of Act, 1961.
In the result, the instant application under Section 482 of the Code stands allowed.
Order Date :- 20.12.2018 I. Batabyal