LAWS(ALL)-2022-6-35

RAM PRAVESH Vs. STATE OF U.P.

Decided On June 02, 2022
Ram Pravesh Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Mr. Monoj Kumar Srivastava, learned counsel for the applicant, Mr. Jeetendra Kumar Sharma, learned counsel for the opposite party No.2 and learned A.G.A. for the State.

(2.) The present Application U/S 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dtd. 7/4/2021 filed in Case No.9956 of 2021 arising out of Charge sheet No.01 dtd. 7/4/2021 filed in Case Crime No.0018 of 2021, under Ss. 498-A and 323 of IPC and 3/4 of D.P. Act, Police Station-Mahila Thana, District-Kannauj, as well as stay the proceeding in pursuance of cognizance order dtd. 2/8/2021 in view of the compromise dtd. 16/3/2021 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 2/2/2021 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 about 6 years before. From the wedlock of applicant No.1 and opposite party No.2, three children were born, who are living with opposite party No.2. The applicants have not satisfied to the dowry and they started beating and harassing her for fulfillment of additional demand of dowry. On 18/1/2021 on the refusal of demand of dowry by the opposite party No.2, applicant beaten her due to which opposite party No.2 has received injuries on her body. The investigating officer after investigation has submitted charge sheet No.1 dtd. 7/4/2021 before the Court and the cognizance was accordingly taken on 2/8/2021. 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 16/3/2021 outside the Court and started to live together as husband and wife along with their children having no grievance to each other. The applicants have filed present 482 Cr.P.C. application to quash the charge sheet dtd. 7/4/2021, on the basis of compromise dtd. 16/3/2021 on 16/2/2022, this Court passed the following order: