Jugendra @ Joginder Kumar v. State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 29097 of 2024

Applicant :- Jugendra @ Joginder Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganga Bhushan Mishra Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Ganga Bhushan Mishra, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A for the State and perused the record.

1. The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 05.03.2019 and N.B.W. order dated 15.02.2023 as well as entire proceedings of Case No.1120 of 2017 (Kavita Vs. Smt. Jogindra and others), under Sections- 498-A, 323 I.P.C. and 3/4 D.P. Act, P.S. Chharra, District Aligarh.

1. Contention of learned counsel for the applicant is that the applicant is husband of the opposite party no.2 and dispute between the parties was a matrimonial dispute. A complaint was filed by the opposite party no.2 bearing Case No.1120 of 2017, during the pendency of the complaint, matter was referred to Mediation Centre of District Court, Aligarh, thereafter, both the parties have settled their dispute and a settlement agreement dated 18.12.2019 was also executed before the Mediation Centre, District Court, Aligarh. Thereafter, in pursuance of the agreement, applicant has already paid Rs.1,25,000/-, and application under Section 13-B was also filed which was allowed on 29.03.2022. Therefore, there is no occasion to proceed further and the court below should have disposed of this case in terms of compromise entered into between the parties before the court below. It is further submitted that despite settlement, the opposite party no.2 has not been appearing before the court below, so that, the proceeding could be completed.