Quashed

Mohit Kumar Gupta @ Billu v. State of U.P. and Another

Allahabad HC2 Aug 2019A482/6551/2019

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the court quashed the conviction order under Section 498A IPC following a verified compromise between the parties involving mutual divorce and permanent alimony, rendering further litigation unnecessary.

What did the court decide?

The impugned order dated 31.08.2017 convicting the applicant under Section 498A IPC and the pending criminal appeal No. 52 of 2017 were quashed.

Mohit Kumar Gupta @ Billu Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 6551 of 2019

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Applicant :- Mohit Kumar Gupta @ Billu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girish Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Girish Tiwari, learned counsel for the applicant, Sri Anil Kumar Bind on behalf of the opposite party no. 2 and learned A.G.A. for the State.

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The Present Application under Section 482 Cr.P.C. has been filed for quashing the impugned judgment and order dated 31.08.2017 passed by learned Additional Chief Judicial Magistrate in Complaint Case No. 734 of 2015 (Registration No. 680/2015) (Smt. Rekha Gupta Vs. Mohit Kumar Gupta @ Billu and others), under Section 323, 498A, 504, 506 IPC & 3/4 D.P. Act, Police Station Milak, District Rampur, whereby the applicant has been convicted for the offence under Section 498A IPC. The said judgement has been challenged in Criminal Appeal No. 52 of 2017 (Mohit Kumar Gupta @ Billu Vs. State of U.P.) which is pending before the learned District & Session Judge, Rampur.

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It reflects from the record that during the pendency of the said Criminal Appeal No. 52 of 2017, a compromise was arrived at between the parties and therefore a request was also made by the parties before the appellate court to decide the appeal on the basis of compromise dated 16.07.2018 through application dated 23.01.2019.

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This Court vide order dated 22.02.2019 directed the appellate court concerned for verification of the said compromise. The compromise deed is annexed at page no. 8 of the supplementary affidavit dated 02.07.2019. The certified copy of the order passed on the compromise is on page no. 6 of the said affidavit in which the compromise has been verified between the parties.

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In the compromise, which is part of the record, the parties have agreed for mutual divorce, permanent alimony, and not to litigate against each other.

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In view of the above, the present application under Section 482 Cr.P.C. is allowed and the impugned order dated 31.08.2017 passed by learned Additional Chief Judicial Magistrate in

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Complaint Case No. 734 of 2015 (Registration No. 680/2015) (Smt. Rekha Gupta Vs. Mohit Kumar Gupta @ Billu and others), under Section 323, 498A, 504, 506 IPC & 3/4 D.P. Act, Police Station Milak, District Rampur, whereby the applicant has been convicted for the offence under Section 498A IPC and which is challenged in Criminal Appeal No. 52 of 2017(Mohit Kumar Gupta @ Billu Vs. State of U.P.) before the learned District & Session Judge, Rampur, is hereby quashed.

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Application stands allowed.

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Order Date :- 2.8.2019

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Shivangi

Mohit Kumar Gupta @ Billu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohit Kumar Gupta @ Billu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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