Court No. - 27
Case :- APPLICATION U/S 482 No. - 1553 of 2019 Applicant :- Pooja Upadhyay @ Pooja Chaudby And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Short counter affidavit on behalf of the opposite party no. 2 has been filed which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 22.12.2017 as well as entire proceeding of case no.3480 of 2018 (State Vs. Pooja and others) arising out of case crime no.416 of 2017, under Sections 323, 325, 504, 506 I.P.C., P.S.
Kakadev, District Kanpur Nagar, pending in the court of Metropolitan Magistrate III, Kanpur Nagar.
The marriage between the applicant no.1 and the opposite party no.2 was solemnized on 20.01.2015.
It appears that there was matrimonial dispute between the applicant no.1 and opposite party no.2 which led to filing of suit for dissolution of marriage by the opposite party no.2 against the applicant no.1 which was decreed on 20.09.2018 on the basis of compromise between the parties. It further transpires that the opposite party no.2 has filed F.I.R. against the applicants.
In the counter affidavit, it is stated that the matter has been amicably settled between the applicant no.1 and the opposite party no.2, and the opposite party no.2 does not want to press the criminal cases filed by him against the applicants.
In view of the statement made by the opposite party no.2 in the short counter affidavit, this Court in exercise of its power under Section 482 Cr.P.C. quashes the proceedings of case no.3480 of 2018 (State Vs. Pooja and others) arising out of case crime no.416 of 2017, under Sections 323, 325, 504, 506 I.P.C., P.S. Kakadev, District Kanpur Nagar, pending in the court of Metropolitan Magistrate III, Kanpur Nagar.
The application is allowed.
Order Date :- 21.1.2019 S.Sharma