Court allowed application under S. 482 CrPC to quash proceedings for dowry offences (Secs. 498-A, 323, 307 IPC, Dowry Act) after parties entered into a compromise and resumed living together.
Proceedings of S.T. No.789 of 2012 arising out of Case Crime No.651 of 2010 were quashed.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 8401 of 2018
Applicant :- Yamin And 7 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava
Hon'ble Rajiv Joshi,J.
Heard Shri Sushil Kumar Pandey, learned counsel for the applicants, learned A.G.A. for the State and Shri Sanjay Kumar Srivastava, learned counsel for O.P. Nos.2 & 3.
Present application under Section 482, Cr.P.C. has been filed for quashing the proceeding of S.T. No.789 of 2012 (State Vs. Yamin and others) arising out of Case Crime No.651 of 2010, under Sections 498-A, 323, 307, IPC and Section 3/4 of Dowry Prohibition Act, P.S. Thana Bhawan, District Shamli as well as the charge sheet dated 7.12.2010.
Counter affidavit has been filed by learned counsel for O.P. Nos.2 & 3. In paragraph No.3 of the said affidavit it is stated that the parties have entered into compromise and Sardare Alam @ Sardar Alam, applicant No.3 and Smt. Shaista, O.P. No.3, husband and wife, are started living together. The compromise deed was also prepared in the form of affidavit on 21.2.2018 containing the detailed terms and conditions of settlement, which is appended as Annexure-5 of the affidavit filed in support of the application.
In view of above, proceedings of the aforesaid case are quashed. The application stands allowed .
Order Date :- 17.7.2019 T. Sinha
1 provisions across 1 enactments
Yamin And 7 Ors
Rajiv Joshi
As recorded by the court registry
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