Allahabad High Court
Sanjay And Ors. (Complaint Case) vs The State Of U.P And Anr. on 23 September, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- U/S 482/378/407 No. - 215 of 2013 Applicant :- Sanjay And Ors. (Complaint Case) Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Rajiva Dubey,Mahendra Pratap Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Dinesh Kumar Singh,J.
The present petition under Section 482 CrPC has been filed for quashing of the criminal proceedings in criminal complaint case no.1570 of 2011 pending before the Additional Chief Judicial Magistrate, Court No.4, Hardoi, under Section 498-A IPC and 3/4 D.P. Act. The petitioners were summoned by the trial court vide order dated 20.10.2012. This Court considering the nature of the dispute and relationship between the parties referred the matter to the mediation centre vide order dated 22.01.2013. The report of the Mediation Centre is on record. From the perusal of the report it is evident that the parties have settled their dispute amicably and decided to live together. It has been further agreed that the petitioner no.1 viz. husband of respondent no.2 shall not harass, torture physically and mentally respondent no.2 and he will care the emotions of the respondent no.2 as well as he will give proper respect to her. It has also been agreed that all the criminal proceedings pending before the concerned courts shall be withdrawn or to be quashed by filing proper petition.
In view of the fact that petitioner no.1 and respondent no.2 are husband and wife and, there was some matrimonial dispute for which the criminal proceedings were lodged, the parties have settled their dispute before the Mediation Centre of the court and the mediation report dated 11.9.2013 is on record. Proceedings pending before the learned Additional Chief Judicial magistrate, Court No.4, Hardoi vide Criminal Case No.1570/2011 are quashed. Thus, the petition is allowed.
Order Date :- 23.9.2019 mks