Court No. - 52
Case :- APPLICATION U/S 482 No. - 3643 of 2018 Applicant :- Manoj Kumar Verma And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pramod Kumar Srivastava, learned counsel for the applicants, Sri Abhishek Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceeding in Case No.2025 of 2015 (State Vs. Manoj Kumar Varma and others), arising out of Case Crime No.390 of 2014, under Sections 498-A, 323, 504, 506 I.P.C.and 3/4 of Dowry Prohibition Act, P.S. Barra, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.
Learned counsel for both the parties have stated that on account of matrimonial discord applicant no.1 and opposite party no. 2 could not continue with matrimonial relations due to temperamental differences and they have been residing separately since May, 2014. Now with the intervention of well-wishers and elders of family as reunion was not possible, they have decided to part with the ways. In this behalf, a suit for divorce by mutual consent under Section 13-B of Hindu Marriage Act has been filed. In the said proceeding, the parties have filed joint affidavit whereby it has been resolved that all issues pertaining to their claim, maintenance (past, present and future), Stridhan, properties and dowry, etc. have been settled and both the parties shall remain bound by the averments made in the petition. A copy of the joint statement has been annexed as Anenxure-4 to the affidavit which has not been disputed by learned counsel for the opposite party no.2.
In the said settlement, the applicants agreed to pay Rs.5,00,000/- towards one time settlement and in pursuance thereof the applicant no.1 has produced before this Court a demand draft bearing no.428497 dated 10.3.2018 for Rs. 5,00,000/- drawn in favour of Niharika Verma which is being handed over to her through her counsel Sri Abhishek Srivastava. The receipt of the draft by opposite party no.2 has been endorsed in order- sheet of this case.
In view of the above, the proceedings of aforesaid case may be quashed. Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 30.3.2018 MN/-