Court No. - 53
Case :- APPLICATION U/S 482 No. - 19350 of 2018 Applicant :- Hemant Kumar And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.,Shiv Vilas Mishra
Hon'ble J.J. Munir,J.
Counter affidavit filed today in Court which is taken on record.
Heard Sri Sunil Vashisth, learned counsel for the applicants and Sri Shiv Vilas Mishra, learned counsel appearing for opposite party no.2.
This application has been filed under Section 482 CrPC seeking to quash the entire proceedings of Criminal Case No.894 of 2017 (State Vs. Hemant & Ors.) arising out of Case Crime No.450 of 2016, under Sections 498A, 323, 504, 506 IPC and 3/4 DP Act, PS Mahila Thana, District Ghaziabad pending before ACJM, Court No.8, Ghaziabad.
It is pointed out that parties have settled their matrimonial issues in terms of a settlement on the basis of which a petition under Section 13B of Hindu Marriage Act for divorce by mutual consent was filed before the Family Court, Patiala House, New Delhi. The said petition for mutual consent has been decided vide judgment and decree dated 19.02.2018. The terms of the compromise are mentioned in paragraph no.5 of the said judgment passed by the Principal Judge, Family Court, Patiala House, New Delhi.
Looking to paragraph no.5 of the terms of settlement the proceedings impugned before this Court in this application are to be quashed upon the applicants paying a sum of Rs.1,00,000/- to opposite party no.2 before this Court. Learned counsel for the applicants has produced before this Court a banker's cheque in the name of opposite party no.2, Smt. Deepa Kumari payable at New Delhi issued by State Bank of India, Nirman Bhawan, New Delhi bearing No.032102 which is being handed over to Smt. Deepa Kumari who has been duly identified before this Court by her counsel, Sri Shiv Vilas Mishra. An endorsement acknowledging receipt of the banker's cheque on the order sheet signed by Smt. Deepa Kumari have been duly made identified by Sri Shiv Vilas Mishra. A photostat copy of the banker's cheque is being placed on record.
However, since it is a case instituted on a police report the State would have been granted opportunity to seek instructions. But looking to the nature of dispute notwithstanding that the case is one instituted on a police report, the State waves right to file a counter affidavit.
Since parties have agreed that proceedings of the case may be quashed, a fact duly recorded in the order of the Principal Judge, Family Court, Patiala House, New Delhi and applicant no.1 having paid the covenanted balance of a sum of Rs.1,00,000/- through banker's cheque to opposite party no.2 which she has received before this Court, no useful purpose would be served in keeping these proceedings pending. It would be an unnecessary harassment to the parties and an abuse of process of Court.
Accordingly, this application stands allowed and the proceedings impugned are hereby quashed.
It is directed that an entry to the effect of the entire proceedings of this case have been quashed under orders of this Court shall be made in the general diary of PS Mahila Thana, District Ghaziabad.
Order Date :- 29.5.2018 Shahroz