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Umesh Nagar vs State Of U.P. And Anr on 3 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 79

Case :- APPLICATION U/S 482 No. – 28935 of 2018

Applicant :- Umesh Nagar

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

Counsel for Applicant :- Vivek Sharma

Counsel for Opposite Party :- G.A.

WITH

Case :- APPLICATION U/S 482 No. – 25312 of 2018

Applicant :- Sant Ram Singh And 5 Ors

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

Counsel for Applicant :- Vivek Sharma

Counsel for Opposite Party :- G.A.,Santosh Kumar Singh

WITH

Case :- APPLICATION U/S 482 No. – 27125 of 2018

Applicant :- Dr.Umesh Kumar Nagar And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Vivek Sharma

Counsel for Opposite Party :- G.A.,Santosh Kumar Singh

WITH

Case :- APPLICATION U/S 482 No. – 981 of 2019

Applicant :- Smt. Priyanka Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Santosh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Harsh Kumar,J.

As per office report dated 3.3.2020 this Court has also jurisdiction to decide the Application U/s 482 Cr.P.C. No.981 of 2019.

Heard Sri Vivek Sharma, learned counsel for the applicants, Sri Santosh Kumar Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State.

The Applications under Section 482 Cr.P.C. Nos.28935 of 2018 and 25312 of 2018 have been filed for quashing the charge-sheet dated 13.9.2017 as well as entire proceeding of Criminal Case No.2497 of 2017 (State Vs. Umesh Nagar others) arising out of Case Crime No.0139 of 2016, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Amroha pending in the court of Civil Judge (Senior Division)(FTC), Amroha.

The Application under Section 482 Cr.P.C. No.27125 of 2018 has been filed for quashing the summoning order dated 19.1.2018 passed by Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, District Amroha in Complaint Case No.569 of 2017, under Section 406 I.P.C., P.S. Adampur, District Amroha as well as for quashing of further proceedings of Complaint Case No.569 of 2017 pending before Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, District Amroha.

The Application under Section 482 Cr.P.C. No.981 of 2019 has been filed for quashing the summoning order dated 12.10.2018 in Complaint Case No.912 of 2017 (Dr. Umesh Nagar Vs. Smt. Priyanka) passed by Civil Judge (Junior Division)/Judicial Magistrate, Gautam Budh Nagar, under Section 406 I.P.C., P.S. Badalpur, District Gautam Budh Nagar.

Learned counsel for parties submits that there were matrimonial dispute between Smt. Priyanka Singh and her husband Dr. Umesh Kumar Nagar; that Application U/s 482 Cr.P.C. Nos.28935 of 2018 and 25312 of 2018 have been filed by husband and in-laws of Smt. Priyanka Singh for quashing the proceedings of Case Crime No.0139 of 2016, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act while Application U/s 482 Cr.P.C. No.27125 of 2018 has been filed by them for quashing the proceedings of Complaint Case No.569 of 2017; that husband of Smt. Priyanka Singh also lodged a false complaint case against Smt. Priyanka Singh and she has filed Application U/s 482 Cr.P.C. No.981 of 2019 for quashing the proceedings of Complaint Case No.912 of 2017; that matter was referred to Mediation Re-conciliation Centre, High Court, Allahabad and vide agreement dated 10.7.2019, which is on the record of Application U/s 482 Cr.P.C. No.981 of 2019, parties have settled the dispute amicably and have decided to live separately.

Parties’ counsel further submits that petition for mutual Divorce No.162 of 2019 under Section 13B of Hindu Marriage Act has been filed by husband and wife in view of term 6-C of settlement agreement.

Upon hearing counsel for the parties and perusal of record, I find that in view of the law laid down by Hon’ble the Apex Court in the case of B.S. Joshi vs. State of Haryana (2003) 4 SCC 675, since the parties have come to terms by way of settlement agreement, there is no justification to keep the proceedings of cases pending and proceedings of Criminal Case No.2497 of 2017, Complaint Case No.569 of 2017 and Complaint Case No.912 of 2017, are liable to be quashed.

The applications under Section 482 Cr.P.C. are allowed and the proceedings of Criminal Case No.2497 of 2017, Complaint Case No.569 of 2017 and Complaint Case No.912 of 2017, are quashed, accordingly.

Order Date :- 3.3.2020

Kpy

 

 

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