Disposed

Dhan Singh and Others v. State of U.P. and Another

Allahabad HC10 Oct 2018CRLP/2491/2013

Case brief

AI extract

What is this about?

The present criminal miscellaneous writ petition, filed to quash certain orders in a complaint case involving Sections 498-A, 377 IPC, and D.P. Act, was disposed of after the court observed that the parties had reached a compromise. The petitioner furnished a portion of the agreed sum and a motor cycle registration certificate to the respondent wife, who accepted the same. The court directed the c

What did the court decide?

Petition disposed of; direction given to competent court to pass appropriate orders in the underlying complaint case based on the compromise settlement.

Dhan Singh and Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2491 of 2013

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Petitioner :- Dhan Singh & Others Respondent :- State Of U.P. & Another Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- Govt. Advocate,Rakesh Pandey

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Hon'ble Vivek Kumar Singh,J.

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Case called out. Learned counsel for both the parties are present.

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The instant writ petition was filed for quashing the impugned order dated 8.3.2010 passed by C.J.M.,Rampur and order dated 13.2.2013 passed by passed by Addl.Sessions Judge(Ex-cadre) Rampur in Complaint Case No.210 of 2008(Kusum Lata Vs. Dhan Singh & Others, under sections 498-A, 377 IPC & sec.3/4 D.P .Act, P.S.Tanda, District Rampur.

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Counter affidavit has been filed by the learned counsel for private opposite party no.2, which is taken on record.

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Earlier this writ petition was filed by the petitioners and the following order was passed by this Court on 21.2.2013:

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"Learned counsel for petitioners submitted that earlier in proceedings under Section 482 Cr.P.C. in Application no.11009 of 2010 in respect of the same matter, the dispute was referred to Mediation Centre of this Court, but unfortunately, at that stage, no compromise could be arrived at. Subsequently, parties came to terms and a settlement/agreement was executed on 16.7.2012 and the same was filed in a Hindu Marriage Petition No.117 of 2012 (Smt. Kusumlata Vs. Dhan Singh & ors) under Section 13 of the Hindu Marriage Act pending in the Court of Civil Judge, (Senior Division), Rampur. In compromise, it was agreed upon that the petitioners shall pay a sum of Rs.3,30,000/- to the complainant and the same amount has been paid.

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Notice on behalf of opposite party no. 1 has been accepted by learned AGA.

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Issue notice to opposite party no.2 for filing counter affidavit within four weeks.

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State may also file counter affidavit within the same period.

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Rejoinder affidavit may be filed within two weeks thereafter.

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List after expiry of the aforesaid period before the appropriate Court.

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Till the next date of listing, further proceedings in Crl. Complaint Case No.210 of 2008 (Smt. Kusum Lata Vs. Dhan Singh & ors) under Sections 498-A, 377 IPC & 3/4 D.P. Act, P.S. Tanda, District Rampur pending in the Court of Chief Judicial Magistrate, Rampur shall remain stayed.

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It is contended by the learned counsel for the petitioners that earlier the proceedings under 482 Cr.P.C. being no. 1009 of 2010 in respect of the

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same matter was filed before this Court and vide order dated 19.4.2010 the dispute was referred to the Medication Centre, Allahabad High Court, but at that sage no compromise could not be arrived at between the parties.

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Learned counsel for the petitioners further submits that a compromise has been arrived at between the parties out of the court which has been filed through supplementary affidavit and the same is taken on record.

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A divorce petition No.117 of 2012 (KusumLata Vs. Dhan Singh) under section-13 of Hindu Marriage Act is pending in the court of learned Civil Judge( Senior Division), Rampur and in that petition an agreement was taken place in between the parties. It was agreed that they will opt for separate liviving and in lieu thereof the petitioner will pay a sum of Rs. 3.30 lacs to his wife Smt. Kusum Lata.

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Heard Sri Sanjay Singh, learned counsel for the petitioners and Sri Rakesh Pandey learned counsel for opposite party no.2 and Sri Sanjay Singh, learned AGA appearing for the State..

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Both the petitioner Dhan Singh and respondent no.2 Kusum Lata are present before this Court and their presence are noted in the order sheet. The compromise was to pay Rs.3.30 lacs for annulment of marriage and to this effect the petition is already penning before the competent court. Today the petitioner is handing over a draft of Rs.1,65,000/- drawn at S.B.I.,Rampur, U.P. dated 15.9.2018 as well as Form of Certificate of Registration of Motor Cycle No.UP-22 F.4916 in original.

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Since the agreed amount has been given to the opposite party n.2, hence no fruitful purpose would be served if the writ petition remains pending. Before this Court the draft as well as original copy of certificate of registration of motorcycle is being handed over to Smt. Kusum Lata today which she has accepted.

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Considering all the facts and circumstances as discussed above it would be appropriate to dispose of the writ petition by giving a direction to the competent court to pass appropriate orders in accordance with law in Crl. Complaint Case No.210 of 2008 (Smt. Kusum Lata Vs. Dhan Singh & ors) under Sections 498-A, 377 IPC & 3/4 D.P. Act, P.S. Tanda, District Rampur pending in the Court of Chief Judicial Magistrate, Ramp ur, within a period of two months from the date of production of certified copy of the order .

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Withe the above observations the petition stands disposed off..

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Order Date :- 10.10.2018 IA

Dhan Singh and Others v. State of U.P. and Another

Case brief

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Dhan Singh and Others v. State of U.P. and Another

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