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Mahaveer Singh & Ors. vs State Of U.P. & Anr. on 18 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 7400 of 2019

Applicant :- Mahaveer Singh Ors.

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

Counsel for Applicant :- Maya Ram Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

Vakalatnama filed by Sri Anil Kumar Pandey on behalf of respondent no.2 is taken on record.

The present petition under Section 482 Cr.P.C. has been filed for quashing of the summoning order dated 12.1.2018 passed by the Chief Judicial Magistrate, Gonda in Case No.7 of 2018, State of U.P. Vs. Mahaveer Singh and others, arising out of Case Crime No.259 of 2017, under Sections 498A, Section323, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Kotwali City, District Gonda. Further prayer has been made for quashing the charge sheet dated 19.11.2017 submitted by the Investigating Officer as well as entire proceedings of Case No.7 of 2018.

In pursuance of the order dated 29.1.2019 passed by this Court in Criminal Revision No.121 of 2019 under sub-section (4) of Section 19 of the Family Courts Act, 1984, the parties were referred to the Mediation and Conciliation Center of this Court, where the parties have arrived at compromise and the compromise has been placed on record. The parties have decided to settle their dispute amicably. The alimony of Rs.6,50,000/- has been deposited through demand draft no.235547 dated 14.8.2019 issued on State Bank of India, Railway Road Branch, Saharanpur in the Mediation Center of this Court. The parties have filed the divorce petition under Section 13(B) of the Hindu Marriage Act for obtaining mutual divorce.

Ms. Kushboo Chauhan @ Neelam Chauhan, respondent no.2 is present in the Court. She says that she has settled all disputes with the petitioners and does not want to pursue the litigation any more. She also says that the impugned criminal proceedings against the petitioners may be quashed by this Court.

Considering the stand of the complainant as well as terms of the compromise arrived at between the parties before the Mediation Center of this Court and the fact that the parties have agreed to settle the dispute amicably, including the divorce petition, it would be in the interest of justice, to quash the criminal proceedings against the petitioners in view of the judgments of the Supreme Court rendered in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466.

In view of the aforesaid, petition is allowed and the proceedings of Case No.7 of 2018, State of U.P. Vs. Mahaveer Singh and others, arising out of Case Crime No.259 of 2017, under Sections 498A, Section323, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Kotwali City, District Gonda, including the summoning order dated 12.1.2018 passed by the Chief Judicial Magistrate, Gonda, are hereby quashed.

Order Date :- 18.10.2019

Rao/-

 

 

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