ASHOK KUMAR NIGAM Vs. STATE OF U. P.

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1885 of 2021 (State vs. Akash Nigam and others), arising out of Case Crime No. 383 of 2021, under Ss. 498A, 323, 504, 506 I.P.C. and sec. 3/4 Dowry Prohibition Act, P.S. Kareli, District- Prayagraj, as well as cognizance/summoning order dtd. 10/5/2021, pending in the Court of Chief Judicial Magistrate, court no. 4, Prayagraj.

(2.) Brief facts of the case on the basis of First Information Report dtd. 10/5/2021 are that the marriage of opposite party no. 2 was solemnized with applicant no. 4 Akash Nigam as per Hindu rites and rituals and after sometime due to some personal reasons the relation between the couple became worse from bad and in the lack of marital harmony the relation became distressful. Thereafter due to intervention of some senior and civilized citizen of the society both applicant no. 4 and opposite party no. 2 agreed to dissolve their marriage and decided to live separately. The applicant no. 4 has given Rs.35,00,000.00 (Rs.thirty five lacs only) to opposite party no. 2 as permanent alimony through Bank Draft No. 645267, dtd. 20/1/2022 issued by State Bank of India, Gomti Nagar Branch. The applicant no. 4 and opposite party no. 2 have resolved to put an end to their dispute and greed to file a mutual divorce petition under Sec. 13(B) of the Hindu Marriage Act, 1955.

(3.) Learned counsel for the parties has submitted that both the parties have settled their matrimonial dispute amicably by way of mutual divorce under Sec. 13(B) of the Hindu Marriage Act, 1955, in which a decree of mutual divorce has been passed by learned Additional Chief Judicial Magistrate, Family Court, Court no. 2, Allahabad on 24/8/2022. It is further submitted that all the disputes between the parties have been settled and decree of divorce has been filed a Annexure-SA1 to the supplementary affidavit dtd. 23/9/2022.