Disposed

Smt. Monika v. State of U.P. and 4 Others

Allahabad HC12 May 2023A482/17737/2023

Case brief

AI extract

What is this about?

High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a dowry and matrimonial case. The court directed parties to appear before the lower court with the compromise deed for verification of fulfillment of terms before taking any coercive action.

What did the court decide?

No coercive action against applicant until lower court verifies compromise; parties to appear with compromise deed and certified copy of order.

Smt. Monika Vs State of U.P. and 4 Others — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103773

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 17737 of 2023

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Applicant :- Smt. Monika Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Archana Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Smt. Archana Singh, learned counsel for the applicant and learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed by the applicant to decide the Complaint Case No. 505 of 2016 (Smt. Monika vs. Rahul Chaudhary and others) under Sections 498-A, 504, 506, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mathura, pending in the court of Judicial Magistrate-II, Mathura.

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Learned counsel for the applicant submits that the matter pertains to matrimonial dispute and the parties have entered into compromise, copy of compromise dated 30.5.2022 has been annexed as Annexure-1 to the afÏdavit wherein it has been mentioned that applicant does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

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Learned AGA does not dispute the correctness of the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him.

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Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned court below and move an application with

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respect to compromise between the parties, which will be decided in accordance with law.

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In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicant in the aforesaid case.

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With the aforesaid directions, this application u/s 482 Cr.P.C. is finally disposed of.

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Order Date : - 12.5.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Smt. Monika v. State of U.P. and 4 Others

Case brief

What is this about?

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Smt. Monika v. State of U.P. and 4 Others

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