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DV Quash with 482 CrPC, No Domestic Violence when money paid

HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH

Court No. – 14

Case :- U/S 482/378/407 No. – 770 of 2020

Applicant :- Manpreet Singh Sabharwal & Ors.

Vs.

Opposite Party :- State Of U.P. & Anr.

Counsel for Applicant :- Arun Sinha,Riyaz Ahmad

Counsel for Opposite Party :- G.A.

Hon’ble Chandra Dhari Singh,J.
Vide order dated 10.02.2020, both the parties were directed to appear before the Senior Registrar of this Court at 2:00 PM for verification of the compromise entered into between the parties outside the Court.

In compliance of the above said order, the Senior Registrar after verifying the compromise in the presence of both the parties including Attorney holder and their respective counsel has submitted its report on the same day.

Opposite party no.2 Smt. Divya Kaur Sabharwal is present in Court and she has been identified by her Counsel. Mr. Harvinder Pal Singh Sabharwal one of the petitioners and, Attorney holder of petitioners no.1 and 2 is also present in Court.

The demand draft of Rs.65/- lakh bearing No.135148 issued on 21.11.2019 by the State Bank of India has been handed over to the opposite party no.2 in Court today. She undertakes that she will co-operate for quashing of the proceedings challenged in Criminal Misc. Case No.764 of 2020 (under Section 482 of Cr.P.C.) and Criminal Misc. Case No.768 of 2020 (under Section 482 of Cr.P.C.) on the objection raised by learned Counsel for petitioners that as per the terms and condition of compromise deed, the demand draft worth Rs.65/- lakh would have been handed over to her after quashing of the entire proceedings.

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Since the parties have settled their dispute amicably outside the Court and the present case is squarely covered by the law laid down by Hon’ble Supreme Court in the case of Gian Singh vs. State of Punjab and another; (2012) 10 SCC 303, no purpose would be served by continuance of the aforesaid proceedings any further.

Accordingly, the instant petition under section 482 Cr.P.C. is allowed.

The entire proceedings of Case No.452 of 2011 (Smt. Divya Kaur Sabharwal Vs. Manpreet Singh Sabharwal and others), under Sections 12 of Domestic Violence Act pending in the Court of Special ACJM (Customs), Lucknow are quashed.

Order Date :- 11.2.2020

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