Allowed

Lokesh Kumar v. State of U.P. and Another

Allahabad HC12 Jul 2019A482/19702/2018

Case brief

AI extract

What is this about?

The Court allowed the application under Section 482 Cr.P.C. to quash criminal proceedings instituted under sections 498-A, 323, 504, 506 IPC and D.P. Act. The impugned complaint was quashed as mediation resulted in a settlement and parties filed a mutual divorce petition.

What did the court decide?

Proceedings under Complaint Case No. 91 of 2017 and summoning order dated 16.3.2018 were quashed.

Lokesh Kumar Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2019)

¶1

Court No. - 72

¶2

Case :- APPLICATION U/S 482 No. - 19702 of 2018

¶3

Applicant :- Lokesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.,Anjit Kumar

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard Shri Amit Saxena, learned counsel for the applicant, learned A.G.A. for the State and Shri Gulab Chandra Tiwari, Advocate holding brief of Shri Anjit Kumar, learned counsel for O.P. No.2.

¶6

The present 482 Cr.P.C. application has been filed by the applicant with a prayer to quash the entire proceedings of Complaint Case No.91 of 2017 (Vishali Vs. Lokesh Kumar), under Sections- 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, pending before the court of VIII A.C.J.M., Ghaziabad as well as summoning order dated 16.3.2018.

¶7

Vide order dated 14.6.2018 parties were directed to settle the matter through mediation and in pursuance of the said order the parties appeared before the mediator and settlement was arrived between them on 10.10.2018. The terms of the settlement between the parties is quoted as under:

¶8

"a. That the marriage of Sri Lokesh Kumar (Applicant-Husband) and Smt. Vishali Pandita (Opposite Party No. 2- Wife) was solemnized on 01.12.2013. Due to strained relationship, both the parties were living separately since month of July 2014. No issue was born out of aforesaid wedlock.

¶9

b. That as per interim settlement dated 05.09.2018, Sri Lokesh Kumar (Applicant-Husband) and Smt. Vishali Pandita (Opposite Party No. 2- Wife) have decided to take mutual divorce without any alimony.

¶10

c. That as agreed during interim settlement dated 05.09.2018, Sri Lokesh Kumar (Applicant-Husband) and Smt. Vishali Pandita (Opposite Party No. 2- Wife) have filed a mutual divorce petition No. 1929/2018 under section 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Ghaziabad and produced the certified copy of the same which is being made part of this settlement agreement.

¶11

d. That now the parties have no grudge against each other and in future they shall not litigate in this regard as there remains nothing to be settled between them from today.

¶12

e. That it has been agreed between the parties that all the Criminal and

¶13

Civil Cases filed by them against each other (if any) shall be withdrawn by them by taking appropriate steps before the court/authorities concerned at the earliest."

¶14

In view of above, the proceedings of the aforesaid case are quashed. The application stands allowed.

¶15

Order Date :- 12.7.2019 T. Sinha

Lokesh Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lokesh Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam Sunder Pathak and 2 Others Vs State of U.P. and Another

Shashank Mishra Vs State of U.P. and Anr.

Gajendra Singh Negi Vs State of U.P. and Another

Pankaj Tyagi Vs State of U.P.

Sunpat and 5 Ors. Vs State of U.P. and Anr.

Shahabuddin and 4 Others Vs State of U.P. and Another