Allahabad High Court
Gayan Shukla @ Gayan Shankar And Others vs State Of U.P. Thru. Prin. Secy. Home ... on 24 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:7361 Court No. - 27 Case :- APPLICATION U/S 482 No. - 9056 of 2023 Applicant :- Gayan Shukla @ Gayan Shankar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Another Counsel for Applicant :- Dharmendra Kumar,Priyanka Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. In compliance of the order dated 19.12.2023, the opposite party no. 2 Smt. Priya has been brought before this Court by the Station House Officer of Police Station Achalganj, District Unnao Sri Ravi Shankar Mishra. Sri Sanjeev Shukla, Advocate has filed vakalatnama on behalf of opposite party no. 2.
2. The opposite party no. 2 accepts that a compromise has been arrived at between the parties and the applicant no. 1 has paid her R.s 3.5 lakh. She has further stated that the parties have agreed to get their marriage dissolved by decree of divorce by mutual consent and a total 7.5 lakh has been agreed to be paid by the applicant as settlement amount.
3. Sri Gayan Shukla, the applicant no. 1 is present along with his counsel Sri Dharmendra Kumar.
4. Applicant no. 1-Gayan Shukla and opposite party no. 2-Smt. Priya jointly stated that they will file a suit under Section 13B of the Hindu Marriage Act for dissolution of their marriage by mutual consent within a period of one week from today. The applicant no. 1 will get a plaint prepared and send the same to the opposite party no. 2 through her counsel Sri Sanjeev Shukla.
5. After the draft of the plaint is approved by the opposite party no. 2, the parties shall appear before the family court, Unnao on 29.01.2024. The balance settlement money will be paid by the applicant no. 1 to the opposite party no. 2 before final disposal of the suit under Section 13B of the Hindu Marriage Act, 1955.
6. As the parties have already settled their dispute amicably and a substantial amount of the settlement amount has been paid by the applicant no. 1 to opposite party no. 2 and the opposite party no. 2 has expressed her consent for closure of criminal proceedings initiated by her, the application is allowed.
7. The impugned order of taking cognizance and summoning dated 15.09.2021, passed by Civil Jude (S.D.) FTC, Unnao and the entire proceedings of Criminal Case No. 2229 of 2023 (State v. Gayan Shukla & Ors.) arising out of Crime No. 233 of 2019, under Sections 498-A, 323, 326, 377, 504, 506 IPC & 3/4 DP Act relating to Police Station Achalganj, District Unnao in Crimnal order dated Proceedings are quashed.
Order Date :- 24.1.2024 Pradeep/-