PRAMOD AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Brief facts giving rise to the questions invovled in this case, are that a first information report was lodged by the opposite party no. 2 against the applicant no.1, Pramod and two others, which was registered as Case Crime No. 93/2012, under Sections 498-A, 323, 504 of the Indian Penal Code (for short "I.P.C.") as also under Sections 3/4 of the Dowry Prohibition Act (fort short "D.P. Act"), Police Thana, District Ghaziabad. After investigation, charge sheet was submitted against the applicant and two others co-accused namely Lalit and Rinku, under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, on the basis of which, charges were framed under the aforesaid sections. On the basis of the statements of opposite party no. 2, learned Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad vide order dated 02.12.2017 convicted the applicants under Sections 498-A and 323 IPC and Section 4 Dowry Prohibition Act.

(2.) Aggrieved by the judgment and order dated 02.12.2017, the applicants filed Criminal Appeal No. 164/2017 (Pramod and another vs. State of U.P., assailing the judgment and order dated 02.12.2017, the applicants have been released on bail in criminal appeal.

(3.) During the pendency of the criminal appeal, the parties have entered into compromise and they decided to live happily as husband and wife under one roof with their minor son Shiva, aged about 18 years. Since arriving at a compromise between the parties, they are residing under one roof as husband and wife alongwith their minor son, the applicants filed an application before the Appellate Court, alleging therein, that criminal proceeding against them may be quashed, as the continuation of criminal proceeding against them would be abuse of process of the law.