Allahabad High Court
Gaurav Varshney And Another vs State Of U.P. And Another on 9 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:161309
Court No. - 87
Case :- APPLICATION U/S 482 No. - 25252 of 2021
Applicant :- Gaurav Varshney And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Kumar Yadav
Counsel for Opposite Party :- G.A.,Nitin Kumar Agrawal
Hon'ble Neeraj Tiwari,J.
1. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicants, learned A.G.A. and Sri Nitin Kumar Agarwal, learned counsel for the opposite party no.2.
2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of Case No. 1773 of 2021, arising out of Case Crime No. 163 of 2020(State Vs. Gaurav Varshney And Another), under Sections- 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, Police Station- Mahila Thana, District- Gautam Budh Nagar, pending in the court of Judg(J.D.)/F.T.C. Gautam Budh Nagar.
3. This case was heard on 02.08.2023 and the Court has passed the following order:-
"Heard Sri Rajesh Kumar Yadav, learned counsel for the applicants, learned AGA and Sri Nitin Kumar Agarwal, learned counsel for the opposite party no.2.
This Court vide order dated 18.7.2023 directed the applicant no.1 and opposite party no.2 to appear before this Court.
In compliance of order of this Court dated 18.7.2023, applicant no.1-Gaurav Varshney and opposite party no.2-Gaurav Varshney are present before this Court today and duly identified by their counsels.
Learned counsel for the parties submitted that parties are willing to compromise and ready to file an application for divorce under Section 13-b of Hindu Marriage Act, 1955, therefore, matter may be adjourned for one week.
On their request, list this case on 9.8.2023 to enable them to file an application for divorce under Section 13-b of Hindu Marriage Act, 1955.
Till then, no coercive action shall be taken against the applicants"
4. Pursuant to order dated 02.08.2023, Sri Rajesh Kumar Yadav, learned counsel for the applicants has produced certified copy of application for divorce under Section 13-b of Hindu Marriage Act, 1955, which is taken on record.
5. Learned counsel for the applicants submitted that in light of application for divorce under Section 13-b of Hindu Marriage Act, 1955 filed by the parties on 05.08.2023, criminal proceeding against the applicants may be quashed and a direction may be issued to Family Court to decide the said application at the earliest in light of judgment of hon'ble Apex Court in the matter of Amardeep Singh Vs. Harveen Kaur: 2017 0 Supreme (SC) 927 and of this Court in the matter of Priyanka Chauhan vs. Principal Judge, Family Court and Another: 2021 0 Supreme (All) 206 & Smt. Shyamshri Vs. Sumant Kumar: 2022 0 Supreme(All)946.
6. Sri Nitin Kumar Agarwal, learned counsel for the opposite party no. 2 has not objected the submission of learned counsel for the applicants and in fact has supported the case of the applicant.
7. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case is hereby quashed.
9. In the larger interest of justice, Family Court is also directed to decide the divorce petition under Section 13-b of Hindu Marriage Act, 1955 filed by the parties on 05.08.2023 expeditiously in accordance with law considering the judgments passed in Amardeep Singh(Supra), Priyanka Chauhan(Supra) & Smt. Shyamshri(Supra) and any other judgment, if produced before the Family Court for waiving of the cooling period.
10. The present application is, accordingly allowed.
11. No order as to costs.
Order Date :- 9.8.2023
ADY
