PRAVENDRA KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/24085/2019 · 2025-05-25
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31824 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 73 Case :- APPLICATION U/S 482 No. - 24085 of 2019 Applicant :- Pravendra Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Narayan Singh (Kushwaha), learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State. 2. This is an application U/s 482 Cr.P.C. filed for quashing the complaint case no. 1161 of 2015 (Surajpal Kushwaha vs. Pravendra Kumar and Ors) U/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Kotwali Dehat, District Etah pending in the court of learned Chief Judicial Magistrate, Etah. 3. This Court on 01.07.2019 proceeded to pass the following order:
"Heard learned counsel for the applicants and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 1161 of 2015 (SurajpalKushwah Vs. Pravendra Kumar and others), under Sections- 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Kotwali Dehat, , District- Etah , pending in the court of C.J.M. Etah . Submission of learned counsel for the applicants is that in the said complaint case, a compromise was arrived between the parties on 22.04.2017 by the District Mediation Centre, Etah. A copy of the said settlement through mediation has been annexed as Annexure (4) along with the photo-copy of the cheque amounting to Rs. 1,00,000/-. Matter requires consideration. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. Issue notice to opposite party no.2 returnable at an early date. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter. List thereafter. Till the next date of listing, further proceedings of the aforesaid case shall
remain stayed against the applicants. "
4. There is an office report dated 26.05.2025 which reads as under:
"Notice has been served upon opposite party no.2 personally. Put up for order."
5. Till dictation of the order, nobody has put in appearance on behalf of the opposite party no.2. 6. Learned counsel for the applicant submitted that applicants are the husband, brother-in-law, mother-in-law and father-in-law of the daughter of opposite party no.2, marriage whereof was solemnized on 21.04.2015.
Learned counsel for the applicant has submitted that the parties had mediated before the district court of Etah and there happens to be an order dated 22.04.2015 annexure-4 at page- 38 of the paper book, reference whereof has been made in para-16 and an amount of Rs.1 lac has also been paid which is at page-40 of the paper book and further while inviting the attention towards page-42 being the proceeding U/s 13 B of the Hindu Marriage Act, an order came to be passed in case no. 107 of 2017 on 31.10.2017 that the marriage stands dissolved. Learned counsel for the applicant submits that now applicants and daughter of opposite party no.2 are live separately and there is no quarrel between them. The prayer is for quashing the proceedings. 7. Learned AGA submits that once the parties have themselves entered into the compromise then nothing remains to be further adjudicated. 8. Accordingly, the application is allowed. 9. The proceedings ofthe complaint case no. 1161 of 2015 (Surajpal Kushwaha vs. Pravendra Kumar and Ors) U/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Kotwali Dehat, District Etah pending in the court of learned Chief Judicial Magistrate, Etah against the applicants be quashed. Order Date :- 26.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad