Smt. Minakshi And Another vs State Of U.P. & Another
2015 Latest Caselaw 427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 11765 of 2015
 

 
Applicant :- Smt. Minakshi And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Sandeep Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Shri Sandeep Kumar Srivastava, learned counsel for the applicants and learned A.G.A. for the State-respondent.

This application under section 482 Cr.P.C. has been filed for quashing the Complaint Case No.506 of 2011, Narender Kumar Vs. Pramod and others, under sections 406, 504, 506 I.P.C., Police Station Palimukeempur, District Aligarh pending in the Court of Judicial Magistrate, Atrauli (Aligarh) as well as proceedings thereunder.

Learned counsel for the applicants submits that applicant no.1 is the wife of opposite party no.2 (complainant) and the applicant no.2 is the brother-in-law. There were several disputes between applicant no.1 and opposite party no.2 and ultimately the matter reached the High Court by filing of Criminal Misc. Application u/s 482 Cr.P.C. No.35230 of 2011, while the opposite party no.2 was referred the matter to mediation centre and till then proceedings were stayed. From the mediation settlement order annexure no.2, it is noticed that a settlement was arrived at between the applicant no.1 and opposite party no.2 and both the parties have agreed to withdraw all the cases pending before this Hon'ble Court, as well as any other case/complaint (if any) filed by either of the party regarding the present matrimonial dispute.

Learned counsel for the applicant further submits that prior to the mediation settlement dated 23.12.2012, a complaint had been filed by opposite party no.2 on 1.9.2011 and as per compromise of settlement the said complaint should have been withdrawn but the same has not been withdrawn and in those proceedings the summoning order dated 6.1.2012 has been passed.

In this view of the matter, in my opinion, a prima facie case is made out for interference.

Issue notice to the respondent no.2 returnable within four weeks.

The petitioners shall take steps for service upon the respondent no.2 within three days.

List after four weeks.

Till the next date of listing, further Complaint Case No.506 of 2011, Narender Kumar Vs. Pramod and others, under sections 406, 504, 506 I.P.C., Police Station Palimukeempur, District Aligarh pending in the Court of Judicial Magistrate, Atrauli (Aligarh) as well as proceedings thereunder shall remain stayed.

Order Date :- 7.5.2015

RU