Court No. - 47
Case :- APPLICATION U/S 482 No. - 38580 of 2018 Applicant :- Manish Jaiswal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama and compromise counter affidavit have been filed by Shri Rajendra Kumar Srivastava Advocate on behalf of Opposite Party no. 2 Smt. Kshama Jaiswal today in the Court, is taken on record.
Heard learned counsel for applicants, learned counsel for opposite party no. 2 and learned A.G.A. for State of Uttar Pradesh.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Criminal Case No. 25624 of 2016 (State Vs. Manish Jaiswal) under Sections 498A and 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Feelkhana, District Kanpur Nagar.
Learned counsel for applicants and learned counsel for opposite party no. 2 contended that parties have settled their dispute through mediation. They are living separately. Matter pending before Family Court Kanpur Nagar, was also settled by order dated 11.07.2018 passed by Principal Judge, Family Court Kanpur Nagar.
Affidavit of Smt. Kshama Jaiswal has been filed to quash the proceeding.
This is matrimonial dispute between husband and wife. As per 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] proceeding of above mentioned case, is hereby quashed.
In the result, application under Section 482 Cr.P.C. is allowed. Order Date :- 26.10.2018 Sharad/-