Court No. - 72
Case :- APPLICATION U/S 482 No. - 2678 of 2017 Applicant :- Jatin Dembla And 3 Othrs.
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram M. Kaushik,Kaushalendra Nath Singh Counsel for Opposite Party :- G.A.,Ram Krishna
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 5291 of 2016 (Neha Motwani Vs. Jatin Dembla & Others), under Sections- 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kakadev, District- Kanpur Nagar, pending in the court of Ist Additional Civil Judge (Sr. Div.), Kanpur Nagar, including the summoning order dated 05.12.2016.
3. Learned counsel for the applicants submits that while mediation has failed, with the passage of time, the parties have been able to resolve their differences such that the marriage between the applicant no.1 and opposite party no.2 is being dissolved. A joint petition under Section 13 B(1) of the Hindu Marriage Act, 1933 has been filed by the parties before the Principal Judge, Family Court, Kanpur Nagar. The second motion petition is stated to be listed tomorrow for final orders.
4. As to the other terms of settlement, a detailed joint affidavit has been filed in the present proceedings containing details of all property having been returned to her and Rs.2,96,000/- having been paid to her towards full and final settlement of alimony and etc. Paragraph nos.2, 3, 4, 5, 6 and 7 reads as under:-
"2. That the deponents have mutually agreed to settle the dispute amicably between themselves and have filed a joint petition dated 16.11.2017 before the Hon'ble Principal Family Court Kanpur Nagar for dissolution of marriage by a decree of divorce by mutual consent under Section 13-B(1) of the Hindu Marriage Act, 1933 as amended upto date. Photo copy of the joint petition is being filed herewith and marked as Annexure No.1 to this affidavit.
3. That it is pertinent to mention here that the deponent no.1/applicant alongwith deponent no.2 (opposite party no.2) has filed a joint affidavit dated 16.11.2017 regarding the mutual compromise in the present case where the opposite party no.2 has clearly agreed to withdraw all the criminal, civil and other cases if any, filed against the applicant and his family members, relatives, friends before the court of law, forums and police, due to uncalled reasons and matrimonial disputes amongst the parties. And both the parties will mutually help, aid and assist each other in proceedings to set aside exparte decree passed in the present case. Photo copy of the compromise affidavit dated 16.11.2017 filed by both the parties is being filed herewith and marked as Annexure No.1 to this affidavit.
4. That the deponents further submit that after filing the divorce deponent no.2 (opposite party no.2) has received alimony, all their articles, goods, documents and jewellery items. Now deponents want to end their relationship on a good note. Photo copy is filed in here and marked as Annexure No.2 to this affidavit.
5. That the deponents further submit the certified copy of order sheet provided by Dist. Kanpur Court. Photocopy is filed in here and marked as Annexure No.3 to this affidavit.
6. That the deponents further submit the List of articles received by Neha Motwani (Deponent no.2). Photo copy is filed in here and marked as Annexure No.4 to this affidavit.
7. That the deponent no.2/opposite party no.2 has agreed to withdraw all the criminal proceedings against the applicants."
5. Learned counsel for the applicants further states that the applicants shall remain present before the Family Court on the next date fixed and ensure that the proceedings are concluded as expeditiously as possible.
6. In the event of the applicants failing to appear before the learned court below, it shall remain open for the opposite party no.2 to seek recall of this order.
7. With the above observations, the application is allowed.
Order Date :- 26.4.2019 S.Chaurasia