LAWS(ALL)-2022-9-192

AMIT KUMAR YADAV Vs. STATE OF U. P.

Decided On September 19, 2022
AMIT KUMAR YADAV Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Ashwani Kumar Mishra, learned counsel for the applicant, Mr. Gyan Prakash Dwivedi, learned counsel for the opposite party No.2 and and Sri M.P.S. Gaur, learned AGA for the State.

(2.) The present Application U/S 482 Cr.P.C. has been filed with a prayer to quash the charge sheet No.484 of 2020 dtd. 29/9/2020 as well as summoning and cognizance order dtd. 30/7/2021 passed by the learned Additional Chief Judicial Magistrate-IV, Allahabad filed in Criminal Case No.322 of 2011 (State of U.P. Vs. Amit Kumar and others) arising out of Case Crime No.828 of 2019, under Ss. 498-A and 323 of IPC and 3/4 of D.P. Act, Police StationDhoomanganj, District-Prayagraj, in view of the compromise dtd. 8/7/2022 executed between both the parties.

(3.) The brief facts of the case are opposite party No.2 (wife) had lodged an F.I.R. on 7/8/2019 under Ss. 498-A, 323 IPC and Sec. 3/4 of D.P. Act against the applicants (Husband and his family members) alleging that marriage of applicant and opposite party No.2 was solemnized in the year 2015 with Hindu rites and rituals. From the wedlock of applicant No.1 and opposite party No.2, one baby girl was born, who is living with opposite party No.2 and the present applicant no.1. The applicants have not been satisfied with the dowry and they started beating and harassing her for non-fulfillment of additional demand of dowry. Due to refusal of demand of dowry by the opposite party No.2, applicants have beaten her, as a result, opposite party No.2 has received injuries on her body. The investigating officer after investigation has submitted charge sheet No.1 dtd. 29/9/2021 before the Court and the cognizance was accordingly taken on 30/7/2021. In the meanwhile, due to intervention of the relatives and well wishers of the family, opposite party No.2 and applicants have entered into compromise on 8/7/2022 outside the Court and started to live together as husband and wife along with their baby girl having no grievance with each other. The applicants have filed present Application u/s 482 Cr.P.C. to quash the charge sheet dtd. 29/9/2020, on the basis of compromise dtd. 8/7/2022. On the matter being taken up on 31/8/2022, the Court has proceeded to pass the following order:-