Disposed

Smt. Pooja Chawla v. State of U.P. and 3 Others

Allahabad HC11 Sept 2024A482/23954/2024

Case brief

AI extract

What is this about?

The High Court in an application seeking quashing of matrimonial proceedings under Sections 498-A and IPC quashed the application, directing the lower court to verify the alleged compromise and permit withdrawal of the complaint.

What did the court decide?

Direction to the lower court to verify the compromise and permit withdrawal of the impugned complaint case.

Smt. Pooja Chawla vs State of U.P. and 3 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:183855

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 23954 of 2024 Applicant :- Smt. Pooja Chawla Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Ajay Shyam Prajapati, Advocate holding brief of Sri Hitesh Pachori, learned counsel for the applicant and Sri Raj Bahadur Verma, learned A.G.A. for the State.

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The instant application has been filed seeking quashing of the entire proceeding of the Complaint Case No. 7384 of 2017 ( Smt. Pooja Chawla vs. Ritesh Kumar Ghai & others ), under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. M.M. Gate, District Agra, along with summoning order dated 10.4.2018.

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Contention of learned counsel for the applicant is that the applicant is complainant of Case No. 7483 of 2017 and the dispute between the parties is matrimonial in nature and the same was initiated at the instance of the applicant. Now the parties have settled their dispute amicably and a written compromise was also entered into between them and in pursuance of that compromise an application under Section 13-B Hindu Marriage Act has also been filed before the court below.

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It is further submitted by learned counsel for the applicant that As the applicant has received Rs.2.5 Lakh from her husband, in pursuance of the compromise and the remaining amount of Rs.7.5 Lakh is yet to be received by the applicant which would be payable to the applicant after disposal of the application, filed under Section 13-B Hindu Marriage Act, the applicant does not want to pursue the impugned complaint, therefore, for that purpose the applicant has also filed an application dated 5.1.2024 along with an affidavit before the A.C.J.M.-III, Agra to dispose of the same on the basis of the compromise, but the court below has not passed any order on the same.

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Considering the aforesaid submission, the present application is disposed of with a direction to the court below to verify the compromise entered into between the parties after summoning them and on verification of the same the court below will pass orders on the application dated 5.1.2024 filed by the applicant, permitting her to withdraw the impugned complaint case.

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Order Date :- 23.11.2024

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Vandana

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

Smt. Pooja Chawla v. State of U.P. and 3 Others

Case brief

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Smt. Pooja Chawla v. State of U.P. and 3 Others

Case brief

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