PANKAJ MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. for quashing the proceedings of Criminal Case No. 1254 of 2003, Smt. Jaya Mishra Vs. Pankaj Mishra and another.

(2.) The facts relevant for disposal of this application are that the complainant oppo site party no. 2 filed a complaint against the accused applicants under sections 406, 504, 506 I.P.C. with these allegations that her . marriage had taken place with the accused Pankaj Mishra on 16.2.1997 and sufficient dowry valuing several lacs of rupees was given. However, her husband and her mother in law (present accused applicants) were not satisfied with dowry and they asked the complainant that she should get a house transferred to their names from her father. Her father expressed his inability to do so, and therefore the accused started to commit atrocities upon her and on 9.6.97 they forced her to leave the house. They also kept with them the entire items of dowry which were her Stridhan. She therefore filed a complaint against the accused persons and after re cording the statements of complainant and her witnesses, the learned magistrate sum moned the accused persons under sections 406, 504, 506 I.P.C. Being aggrieved with that order the accused filed the present ap plication under section 482 Cr. P.C. for quashing the same.

(3.) It may be mentioned that the accused Pankaj Misra also filed Matrimonial Suit No. 612 of 2002 against the complainant Jaya Misra under section 13 of Hindu Marriage Act for divorce in the Family Court Allahabad and in that case a compromise was filed by the parties whereby the parties agreed to dissolution of marriage. It was further provided that Pankaj Misra would pay to Jaya Misra a sum of Rs. 2 lacs as permanent alimony in lieu of Stridhan and maintenance etc. This amount ws paid to Smt. Jaya Misra. The compromise was also' verified by both the parties before the Family Court, Allahabad. A copy of the compromise and the order passed by the Family Court on that compromise have been filed in this Misc. application. It has been provided in paragraphs no. 12 and 13 of the compromise petition that this criminal case under sections 406, 504, 506 I.P.C. shall not be pressed in view of this compromise and the same procedure shall be adopted in this Misc. case also after filing a certified copy of the compromise and the order passed by the court on the petition.