Smt. Neha Srivastava v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11573 of 2023 Applicant :- Smt. Neha Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Syed Mohd. Furquan,Anuj Kumar Verma,Atishay Jain,Gaurav Gupta Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶01Heard Shri Gaurav Gupta, learned counsel for the applicant and learned A.G.A. for the State and perused the record. Ms. Jyoti Rajpoot, Advocate has filed Vakalatnama on behalf of opposite party no.2 and the same is taken on record.

¶02Shri Gaurav Gupta, learned counsel for the applicant points out that inadvertent typing error has crept in while writing the details of the sections involved. He prays for and is allowed to correct the error during the course of the day.

¶03This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer that the charge sheet no.1 dated

08.02.2021 in Case Crime/ F.I.R. No.301 of 2020 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act police station Para, District Lucknow may be quashed.

¶04It is submitted by learned counsel for both the parties, who happen to be husband and wife, have filed an application under Section 13-B of the Hindu Marriage Act, 1955 for obtaining divorce on the basis of mutual consent.

¶05In the above view of the matter, the applicant does not want to prosecute the case arising out of Case Crime/ F.I.R. No.301 of 2020 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act police station Para, District Lucknow.

¶06Ms. Jyoti Rajpoot, learned counsel for opposite party no.2 states that her party has no objection in case the matter is settled between them on the basis of mutual understanding/ compromise arrived at and that opposite party no.2 is ready to bury whatever conflict still remains between them and lead a peaceful life. For that purpose he shall co-operate and appear before the Court concerned at the earliest.

¶07In view of the larger interest of the parties and society, I finally dispose of this application with a direction to the parties to appear before the trial court concerned and file a compromise if the matter is wound up between them amicably. It is further directed that in case parties appear before the Court concerned and file compromise deed within a period of three weeks from today, the same shall be duly verified within a reasonable time.

¶08For a period of one month or till verification of compromise deed whichever is earlier no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 28.11.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench