Smt. Ruby Sharma vs Vikas Kumar Sharma
2014 Latest Caselaw 7012 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL No. - 105 of 2011
 

 
Appellant :- Smt. Ruby Sharma
 
Respondent :- Vikas Kumar Sharma
 
Counsel for Appellant :- Rajesh Gupta
 
Counsel for Respondent :- K.M. Singh,K.N. Singh,Sunil Kumar Singh
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

In pursuance of the agreement arrived at between the parties and the order dated 15.9.2014 passed by this Court, the respondent has handed over a draft of State Bank of India No. 109163 dated 19.9.2014 for Rs.1,50,000/- in the name of Smt. Ruby Sharma today in the Court, which has been acknowledged by her by making endorsement in the ordersheet, which has been verified by learned counsel for both the parties. An affidavit has been filed giving details of three criminal cases, namely, Case No. 3153 of 2009 (Ruby Sharma Vs. Vikas Kumar Sharma and others) pending before the Additional Chief Judicial Magistrate, Meerut, Case No. 2896 of 2009 (State Vs. Vikas Kumar Sharma and others) pending before the Chief Judicial Magistrate, Meerut under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act and Case No. 3154 of 2009 (Ruby Sharma Vs. Vikas Kumar Sharma and others) pending before the Additional Chief Judicial Magistrate, Meerut, under Section 406 IPC. Both the parties has agreed that the payment of the entire amount of Rs.4,50,000/- shall be paid by 30th Novrmber, 2014 in  three instalments and all the criminal cases shall be withdrawn and this Court will be requested to quash all the criminal proceedings. In pursuance of the settlement arrived at between the parties and in pursuance of the order dated 15.9.2014, the first instalment of Rs.1,50,000/- has been paid.

In view of the aforesaid fact, we are of the view that the proceedings in criminal cases, referred to hereinabove, pending in various courts, may be kept in abeyance till the final payment is made and the final order is passed by this Court.

In view of the above, we direct the parties to move an application before the appropriate courts for keeping the proceedings in abeyance and the appropriate court is directed to pass appropriate order in this regard.

Learned counsel for the respondent states that the respondent shall pay the balance amount of Rs.3,00,000/- by 31st October, 2014 itself.

On the request of learned counsel for both the parties, list on 31.10.2014 as part heard.

Order Date :- 25.9.2014

OP