Court No. - 53
Case :- APPLICATION U/S 482 No. - 19419 of 2018 Applicant :- Pradeep Kumar @ Pradeep Kumar Tripathi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.,Beena Mishra
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned AGA for the State.
Smt. Beena Mishra learned counsel has put in appearance on behalf of opposite party no. 2, who has filed an affidavit in this case signed by the applicant - husband and opposite party no. 2 - wife, which is taken on record.
This application has been filed to quash the charge sheet dated 12.12.2013 and the order of cognizance including summoning order dated 18.02.2014 as well as the order of non-bailable warrant dated 04.06.2015 passed by the Additional Chief Judicial Magistrate, Court No. 6, Jhansi in Criminal Case No. 242 of 2014 (State Vs. Pradeep Kumar) under sections 498-A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act, Police Station - Mahila Thana, District - Jhansi, pending in the court of Chief Judicial Magistrate - I, Jhansi.
Learned counsel for the applicant has invited attention of this Court to the fact that in another case under the Domestic Violence Act, the parties were referred to the Allahabad High Court Mediation Centre where they have arrived at a settlement agreement dated 14.02.2017 a copy of which is annexed as annexure no. 5 to the affidavit filed in support of this application, whereby a wholesome settlement of all disputes and litigation pending between the parties has been arrived at. In terms of the paragraph 6 of the affidavit, the proceedings of the present case are also liable to be quashed as agreed between the parties that speaks about the withdrawal of all cases, civil and criminal filed by the parties against one another.
Learned AGA is granted six weeks time to file counter affidavit, since it is a case instituted at Police report disclosing their stand in the matter.
List on 17.07.2018.
Till the next date of listing, further proceedings of Criminal Case No. 242 of 2014 (State Vs. Pradeep Kumar) under sections 498-A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act, Police Station - Mahila Thana, District - Jhansi, pending in the court of Chief Judicial Magistrate - I, Jhansi shall remain stayed.
Order Date :- 29.5.2018 Amit Mishra