SONIYA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of these applications under section 482 of the code of Criminal Procedure (in short the 'cr. P. C. '), the applicants 1. Smt. Soniya, 2. Ashok Kumar Thakuran, 3. Smt. Kailash Sachdeva, 4. Amarnath Sachdeva and 5. Rajeev Sachdeva have invoked inherent jurisdiction of this Court, praying for quashing of the proceedings of Criminal Case Nos. 321 of 2003 (New No. 2177 of 2007) State vs. Rajeev Sachdeva and others, arising out of Crime No. 607 of 2000 under sections 498a, 323, 504 of Indian Penal Code (in short the 'ipc') and section 3/4 of Dowry Prohibition Act (in short the 'd. P. Act') of P. S. Govind Nagar, Kanpur Nagar, pending in the court of 10th Metropolitan Magistrate Kanpur Nagar.

(2.) SHORN of unnecessary details, the facts leading to the filing of the applications under section 482 Cr. P. C. , in brief, are that marriage of the applicant Rajeev Sachdeva and O. P. No. 2 Smt. Manisha Sachdeva took place on 29. 11. 1999. Due to some strained relations between the parties, an FIR was lodged by Smt. Manisha Sachdeva on 15. 11. 2000 at P. S. Govind Nagar, Kanpur Nagar, where a case under section 498a, 323, 504 IPC and section 3/4 D. P. Act was registered at Crime No. 607 of 2000 against the applicants. An application under section 125 Cr. P. C. for granting maintenance was also filed by O. P. No. 2 Smt. Manisha Shachdeva against the applicant Rajeev Sachdeva in Family Court Kanpur Nagar. The applicant Rajeev Sachdeva also filed marriage petition No. 323 of 2004 under Section 13 of Hindu Marriage Act for divorce. After investigation of the case of Crime No. 607 of 2000, charge-sheet has been submitted against the applicants, on which cognizance has been taken by the magistrate concerned in criminal case mentioned above. During pendency of the divorce petition, the parties entered into compromise and settled their dispute. In pursuance of the compromise, the divorce petition was decided in the Lok Adalat on 20. 04. 2008 and decree of divorce has been granted by the Family Court Kanpur-Nagar. Annexure (5) to the accompanying affidavit is the copy of the order dated 20. 04. 2008 passed by the Family Court Kanpur Nagar in Suit No. 323 of 2004. In terms of the compromise, the applicant Rajeev Sachdeva paid Rs. 3,00,000/- by means of Bank Draft and Rs. 25,000/- have been paid in cash. Annexure (4) is the copy of the compromise, which was filed in the aforesaid divorce petition. It is averred in para 8 of this compromise that criminal case arising out of Crime No. 607 of 2000 of P. S. Govind Nagar shall also be got compromised in the spirit of the present compromise by moving the petition before High Court. Prior to the said compromise, an application under section 482 Cr. P. C. was moved by Smt. Soniya, Ashok Kumar Thakuran, Smt. Kailash Sachdeva and Amar Nath Sachdeva for quashing the proceedings of Criminal Case No. 321 of 2003 (wrongly mentioned as case no. 32 of 2003 ). That application has been registered as Crl. Misc. Application No. 10999 of 2007. After passing the decree for divorce as mentioned herein-above, another application under section 482 Cr. P. C. being Crl. Misc. Application No. 10582 of 2008 has been moved by the applicant Raveev Sachdeva for quashing the proceedings of aforesaid criminal case, new number whereof has been allotted as 2177 of 2007.

(3.) I have heard arguments of Sri M. L. Maurya, learned counsel for the applicants, Sri K. N. Shukla learned counsel for opposite party no. 2 and learned AGA for the State and also perused the record.