Court No. - 64
Case :- APPLICATION U/S 482 No. - 28313 of 2019 Applicant :- Ravi Shankar Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Mohan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Vishwa Pratap Singh, Advocate has filed his vakalatnama on behalf of opposite party no.2 which is taken on record. Short counter affidavit filed on behalf of opposite party no.2 is also taken on record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the order dated 7.12.2017 passed by the Additional District Judge/Family Court/F.T.C.-II, Gorakpur in Maintenance Case No. 513 of 2015, Rama Pandey versus Ravi Shankar Pandey, under Section 125 Cr.P.C. P.S. Gorakhnath, District Gorakhpur.
Heard applicant's counsel, learned counsel for opposite party no.2 and learned A.G.A. Perused the record.
The submission of applicant's counsel is that the matter has been amicably settled in between the parties and the parties have decided to part their ways. Mutual divorce has also been sought and granted. A lum sum of Rs. 9,00,000/- has already been agreed upon to be given to the wife. Learned counsel for the applicant has also drawn the attention of this Court to the contents of the short counter affidavit filed on behalf of opposite party no.2 in which the factum of compromise has been affirmed and it has been averred therein that the applicant and opposite party no.2 had decided to get divorce mutually and as such Matrimonial Case No. 734 of 2018, Smt Roma Pandey versus Ravi Shankar pandey was filed in the Family Court, Gorakhpur which was allowed vide order dated 27.2.2019 on the basis of terms and conditions mutually agreed by both the parties and total amount of Rs.9,00,000/- agreed to be given by the applicant to the opposite party no.2. It has been further alleged that Rs 2 lakhs had been deposited in the court below with the conditions that if the cases pending in the court below in between both the parties will be withdrawn then the said amount of Rs. 2 lakhs will be released in favour of opposite party no.2. In compliance of the aforesaid agreement, both the parties had filed compromise application before the court of Judicial Magistrate-II, Gorakhpur in Criminal Case No. 9179 of 2016 arising out of Case Crime No. 20 of 2016 in which the compromise has taken place between the parties. In paragraph 6 of the counter affidavit it has been averred that in view of the compromise and in view of the fact that full and final payment has been made to the opposite party no.2 by the applicant the impugned order dated 7.12.2017 passed by the court below may be quashed.
The counsel for the opposite party no.2 has reiterated submissions made on behalf of the applicant and in so many words has urged before the Court that the opposite party has no objection if the present application in question is allowed and the impugned proceedings are quashed.
In view of the compromise that has taken place in between the parties and in view of the full and final payment made to the wife by the applicant, there does not appear to be any justification to continue the impugned proceedings that are going on in the court below under Section 125 Cr.P.C , hence the application deserves to be allowed and the impugned order dated 7.12.2017 is quashed.
The application stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 30.7.2019 CPP/-