Disposed

Rohit Kumar and 5 Others v. State of U.P. and Another

Allahabad HC12 Jul 2024A482/18789/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 application seeking quashing of matrimonial proceedings. It directed the applicants to file the original compromise deed within 15 days for verification by the lower court, with no coercive action for three months.

What did the court decide?

Direction to file original compromise deed within 15 days; injunction against coercive action for 3 months.

Rohit Kumar and 5 Others vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:172988

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 18789 of 2024

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Applicant :- Rohit Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Chandra Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Supplementary affidavit, filed by learned counsel for the applicants, is taken on record.

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Heard Sri Prabhat Chandra Mishra, learned counsel for the applicants and Sri Uday Bhan, learned A.G.A. for the State.

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The instant application has been filed seeking quashing of the entire proceeding of Case No. 5692/9 of 2023 ( Monika vs. Rohit and others ), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Titavi, District Muzaffarnagar as well as summoning order dated 11.1.2024.

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Contention of learned counsel for the applicants is that the dispute is matrimonial in nature and now the parties have settled their dispute on the basis of compromise and have filed application under Section 13-B Hindu Marriage Act before the Principal Judge, Family Court, Muzaffar nagar. It is, therefore, prayed that the proceedings may be quashed on the basis of the aforesaid compromise.

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Learned A.G.A. points out that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued for verification of the same.

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Considering the aforesaid facts and circumstances, the application is disposed of with a direction to the applicants to file the original deed of compromise before the court below within a period of 15 days from today.

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In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties and after verification of the same, it will dispose of the case on the basis of verified compromise. This exercise shall be completed by the court below within a period of three months from the date of receipt of a copy of this order.

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For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.

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Order Date :- 5.11.2024

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Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Rohit Kumar and 5 Others v. State of U.P. and Another

Case brief

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Rohit Kumar and 5 Others v. State of U.P. and Another

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