GURDINO SUNDRANI Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants Gurdino Sundrani and Laxmi Sundrani have filed Criminal Misc. Application No. 20107 of 2008 and the applicants Priyank Sundrani and Km. Resham Sundrani have filed the Criminal Misc. Application No. 27757 of 2008 with a prayer to quash the proceedings of criminal case No. 539 of 2007 under Section 498-A, IPC and Section 3/4, D.P. Act pending in the Court of learned Ill-Judicial Magistrate, Bareilly arising out of the charge-sheet submitted in case crime No. 2371 of 2006, P.S. Prem Nagar, District Bareilly. Both the applications are filed with the same prayer, therefore, both the applications are being disposed of by a common order.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Smt. Vineeta Sundrani, the wife of applicant Priyank Sundrani in case crime No. 2371 of 2006 under Section 498-A, IPC and Section 3/4, D.P. Act at P.S. Prem Nagar, District Bareilly on 6.12.2006 at 9.25A.M. alleging therein that the marriage of the O.P. No. 2 Smt. Vineeta Sundrani was performed with the applicant Priyank Sundrani on 5.10.2005, thereafter the demand of dowry was raised, to fulfill the same O.P. No. 2 was subjected to cruelty, consequently, she was expelled from the house of the applicant. After investigation the I.O. submitted the charge-sheet on which the learned Magistrate has taken cognizance and summoned the applicants to face the trial. THE applicants moved the discharge application under Section 239, Cr.P.C., the same has been rejected by learned Judicial Magistrate-III, Bareilly on 26.3.2008. THE proceedings of the present case have been initiated on account of the matrimonial dispute, the same has been settled between the parties, the amount of Rs. Seven lacs have been given by the applicant Priyank Sundrani to O.P. No. 2 through the bank drafts No. 188989 dated 29.9.2008 and 822878 dated 30.8.2008. Both the parties have appeared before the Mediation and Conciliation Centre, Delhi where they have settled their dispute on 19.8.2008. THE terms of the settlement have been followed by the applicants side because the amount of Rs. Seven lacs and fifty thousands has been paid through the bank drafts to O.P. No. 2.

(3.) IN reply of the above contention, it is submitted by learned AG.A. and Sri Amit Kumar Srivastava, learned counsel for the O.P. No. 2 that O.P. No. 2 has entered into compromise, she does not want to proceed further against the applicants and she has received the amount of Rs. Seven lacs and fifty thousand through bank drafts, she has decided to live separately, therefore, the proceedings, pending against the applicants may be quashed.