Single Judge allowed Smt. Usha Vats application under Section 482 CPC to quash criminal case and charge sheet arising from a matrimonial dispute in Meerut, holding that the matter was amicably settled via mediation.
The charge-sheet dated 30.10.2016 and entire proceedings of Criminal Case No. 2119 of 2016 were quashed.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 39195 of 2016
Applicant :- Smt.Usha Vats @ Yogesh Kumari And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Umesh Chandra Tripathi,J.
Joint Affidavit filed by applicants and opposite party no. 2 Smt. Pooja in the Court today, the same is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the charge-sheet dated 30.10.2016 as well entire proceedings of Criminal Case No. 2119 of 2016 arising out of Case Crime No. 279 of 2016, under Sections 498A, 323, 328, 504, 506 of IPC and Section 3/4 of D.P. Act, Police Station - Bhawanpur, District - Meerut, pending in the court of A.C.J.M.-IX, Meerut on the ground that the parties have settled their dispute.
Learned counsel for both the parties contended that there is no evidence on record to administer poisonous substance to opposite party no. 2 (Pooja) by applicant.
This is a case of matrimonial dispute, which has been amicably settled between the parties through mediation.
As per judgment of Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501 , the proceedings is quashed.
Accordingly, the instant application stands allowed.
Order Date :- 27.11.2018 VG..
1 issue framed by the court
Whether the proceedings under Sections 498A IPC and others should be quashed on the ground of an amicable settlement between the parties.
Colour shows how this judgement treated each authority
Social Action Forum for Manav Adhikar and another Vs. Union of IndiaFollowed¶10
2018 SCC OnLine SC 1501 · Who else cites this
3 provisions across 3 enactments
Smt. Usha Vats @ Yogesh Kumari
State of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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