498A and Framing Charges.

Allahabad High Court

Jai Pahuja Vs Rashmi Pahuja & State of U.PP. And Another on 27 July, 2010

Case :- APPLICATION U/S 482 No. – 7184 of 2010

Petitioner :- Jai Pahuja And Others

Respondent :- State Of U.P. And Another

Petitioner Counsel :- P.K. Kesari

Respondent Counsel :- Govt. Advocate,Kapil Tyagi,Vikas Chandra

Hon’ble Vinod Prasad,J.

Respondent no.2 Rashmi Pahuja (wife) along with husband Jai Pahuja are personally present before this Court. A Joint application supported with affidavit has been filed wherein it has been averred by both the contesting spouses that they have compromised the lis and they do not want to litigate any further, as they can not continue with the marriage.

This is a dispute between husband and wife, which is in the nature of family feud for offences under Sections 498A, 323, 504 IPC and 3/4 D.P. Act P.S. Sector 39, District Gautam Buddha Nagar NOIDA. The trial is pending before ACJM Ist, Gautam Budh Nagar, NOIDA as Case No.10457 of 2007 arising out of Crime No.383 of 2007.

Since both husband and wife do not want to continue with the marriage and want to get the proceeding closed, the interest of justice will be best served in accepting prayer of both the contesting sides.

In view of the above, after hearing both the counsels and both the contesting sides, I allow this Criminal Miscellaneous Application and quash impugned charge sheet dated 15.11.2007, as Crime No.383 of 2007, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Sector-39 Gautam Budh Nagar, NOIDA, registered as Case No.10457 of 2007, pending in the court of ACJM, Ist, Gautam Budh Nagar, NOIDA.

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Husband and wife, who are present before this Court, need not be present henceforth.

This application is allowed.

Parties are directed to intimate this order to A.C.J.M, Ist, Gautam Budh Nagar, NOIDA.

Order Date :- 27.7.2010

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