Allahabad High Court
Ramashray Prasad vs State Of U.P. And Another on 30 January, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 22813 of 2022 Applicant :- Ramashray Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshul Nigam Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Heard Shri Anshul Nigam, learned counsel for the applicant and learned A.G.A. for the State.
3. On 6.8.2022, following order was passed:
"Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record.
By way of the instant application, the applicant has sought for quashment of the entire proceedings of Case Crime No. 347 of 2005 under Sections 498-a, 494 I.P.C. and 3/4 D.P. Act, Police Station Sungarhi, District Pilibhit.
Learned counsel appearing for the applicant submits that both the parties propose to file compromise deed before the court concerned as understanding has reached between the parties to settle their dispute amicably. The claim so raised is sustained. The present compromise deed is required to be verified physically by the trial court.
In view of above, it is directed that both the parties shall appear on 23.8.2022 before the court concerned and shall present the compromise deed before it. In case, any compromise deed is so presented then physical verification of the parties shall be done and the order shall be passed by the court concerned thereon. In case any order is passed by the court concerned, the certified copy of the same shall be placed on record by way of filing affidavit by the present applicants.
List this case on 7.9.2022 in the additional cause list.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case."
4. Submission is, a simple matrimonial discord had arisen between the parties. Marriage between the parties has been dissolved vide order dated 12.2.2020 passed in H.M.A. No. 1121 of 2019 (Kavita Prasad vs Ramashray Prasad) passed by Principal Judge, Family Court, Patiala House Courts, New Delhi; copy of which has been annexed to the application. Referring to the clause regarding payment of balance amount of Rs. 2,00,000/- contained in that order, it has been further submitted, the amount has been paid out to opposite party no.2 on 23.8.2022. In that context, a settlement reached between the parties to drop the present prosecution has also been verified by Chief Judicial Magistrate, Pilibhit on 23.8.2022. These facts has been stated in the supplementary affidavit filed today.
5. In such circumstances, though no useful purpose would be served in allowing the prosecution to continue any further, however, no firm conclusion may be reached, at this stage, as to complete falsity of the allegations made against the applicants. The present 482 Cr.P.C. application thus stands allowed.
6. The entire proceedings of Case Crime No. 347 of 2005 under Sections 498-A, 494 I.P.C. and Section 3/4 D.P. Act, Police Station Sungarhi, District Pilibhit, are quashed.
Order Date :- 30.1.2023 Prakhar