Court No. - 15
Case :- APPLICATION U/S 482 No. - 8214 of 2016 Applicant :- Rajendra Kumar Srivastava And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.,Anil Kumar Srivastava Hon'ble Umesh Chandra Srivastava,J.
on the case being taken up for hearing Shri Deepak Singh, Advocate holding brief of Shri Shashank Tripathi, learned counsel for the applicants, Shri Anil Kumar Srivastava, learned counsel for opposite party no. 2 and learned AGA for the State are present.
Opposite party no. 2 Smt. Shivani Srivastava, identified by Shri Snil Kumar Srivastava, Advocate and Vikas Kumar Srivastava are also present in person and they have filed a joint affidavit stating therein that controversy involved in the matter had arisen from dispute between both of them which was purely matrimonial in nature. It is further stated that they have amicably settled their dispute out of Court by way of compromise and pursuant thereto out of Rs. 2,25,000/- payable to opposite party no. 2 Rs. 1,12,500/- has already been paid to her through demand draft. It is further stated that pursuant to compromise a petition under section 13(B) of the Hindu Marriage Act has also been filed in Family Court for dissolution of marriage by mutual consent and remaining amount would be paid at the time of grant of decree. It is further stated that opposite party no. 2 now does not wish to continue proceedings of criminal case impugned in present application any further, the same may be quashed.
Considering that dispute between opposite party no. 2 and her husband was a matrimonial dispute and they have amicably settled the said dispute by way of compromise and in pursuance of which Rs. 1,12,500/- has been paid to opposite party no. 2 and an application for dissolution of marriage by mutual consent has also been filed in which balance amount would be paid to opposite party no. 2 at the time of grant of decree, and opposite party no. 2 now does not wish to continue proceedings of the criminal case any further, keeping proceedings would be nothing but waste of time of the Court.
In the result, petition is allowed.
Proceedings of case no. 9/IX of 2016, arising out of case crime no. 612 of 2015, under section 498A, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Kotwali Nagar, District Banda, pending in the court of C.J.M., Banda are hereby quashed.
Order Date :- 30.4.2018 Bhanu