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Noor Fatima vs State Of U.P. & Others on 15 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 8067 of 2019

Applicant :- Noor Fatima

Opposite Party :- State Of U.P. Others

Counsel for Applicant :- Jalaj Kumar Gupta,Syed. Imran Haider

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Dinesh Kumar Singh,J.

The present petition under Section 482 Cr.P.C. has been filed by the petitioner, who happens to be the divorced wife of respondent no.2. The petitioner and respondents no.2 to 4, who are ex-husband of the petitioner, father-in-law and the mother-in-law are present in the Court. There was matrimonial discord between the parties. The petitioner had instituted three cases against respondents, which find mentioned in paragraphs 5 and 6 of this petition.

The present petition has been filed for quashing of the proceedings instituted by the petitioner against the respondents on the basis of the compromise arrived at between the parties. The terms of the compromise have been placed on record as Anneuxrre-5 to this petition.

The petitioner, who appears in person, submits that she willingly and out of her free will and without any fear, compulsion or threat, has entered into the compromise on 30.8.2019 and she has filed this petition in order to put to an end the on going litigation inasmuch as the parties have settled their dispute amicably outside the Court. All belongings of the petitioner have returned to her, which is entered in the compromise/agreement. The petitioner has also received the bank draft of Rs.6 lakhs according to the alimony decided between the parties.

Considering the fact the parties have arrived at a compromise and the case has arisen because of the matrimonial discord between the parties, it would be appropriate to quash the proceedings in view of the judgements of the Supreme Court 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.

Petition is accordingly allowed and the proceedings of Case No.36736 of 2015, arising out of charge sheet no.143 of 2015, dated 1.6.2015 and charge sheet no.143A of 2015, dated 4.12.2015 filed in pursuance to Case Crime No.781 of 2014, under Sections 498A, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow and the summoning orders dated 27.7.2015 and 11.3.2016 passed by the Chief Judicial Magistrate, Lucknow are hereby set aside.

This order is, however, subject to payment of Rs.15,000/- by respondents no.2 to 4 with the Army Battle Casualty Welfare Fund, Army Head Quarter, New Delhi within a period of two weeks from today. In case the said amount is not deposited in the fund as directed, this order would not be of any effect and the trial court will proceed with the matter.

Order Date :- 15.11.2019

Rao/-

 

 

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