Anand Kumar Varma @ Anand Varma vs State Of U.P. And Another
2023 Latest Caselaw 6338 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71 
 
Case :- APPLICATION U/S 482 No. - 36113 of 2017
 
Applicant :- Anand Kumar Varma @ Anand Varma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anand Srivastava,Kamlesh Kumar Bhatt,Rajesh Prasad Yadav
 
Counsel for Opposite Party :- G.A.,Ashish Tripathi,Maneesh Kumar
 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Learned counsel for the applicant submits that in compliance of the order dated 19.1.2023, the opp. party no. 2 could not appear in the trial court. They also could not contact with the opp. party no. 2. As the parties have been divorced, it is not possible for the applicant to find out the opp. party no. 2 and persuade her to come in the court for verification of the compromise.

The attention of the court is drawn towards the joint affidavit of the parties filed on 20.1.2020. According to the affidavit the parties had agreed to dissolve their marriage under section 13 of the Hindu Marriage Act and in this regard an application had been moved by them before the court concerned. As the parties were interested to get rid of the litigation pending between them so as per the joint affidavit, the parties decided to get the complaint case no. 142 of 2017, Smt. Mridula Varma Vs. Anand Varma and others, under sections 498-A, 323, 504, 506 I.P.C. and section 4 D.P. Act, police station George Town, District Allahabad quashed. This affidavit is dated 20.1.2020. Along with the affidavit, the judgment of divorce case under section 13 of Hindu Marriage Act dated 16.1.2020 also has been filed. According to which, the marriage between the parties has been dissolved vide order dated 16.1.2020.

As the joint affidavit of the parties is before the court and as per the judgment dated 16.1.2020 filed by the learned counsel for the applicant, the marriage between the parties has been dissolved and no one is appearing on behalf of the opp. party no. 2, hence, on the basis of the joint affidavit of the parties, the entire proceeding of complaint case no. 142 of 2017, Smt. Mridula Varma Vs. Anand Varma and others, under sections 498-A, 323, 504, 506 I.P.C. and section 4 D.P. Act, police station George Town, District Allahabad is hereby quashed.

The application u/s 482 Cr.P.C. is hereby allowed.

Order Date :- 28.2.2023/Gss