Aruna Arora and 6 Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and 2 Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11765 of 2023 Applicant :- Aruna Arora And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And 2 Others Counsel for Applicant :- Gulshan Batra Counsel for Opposite Party :- G.A.,Arvind Tripathi Hon'ble Rajeev Singh,J.

¶1Supplementary afÏdavit filed by learned counsel for the applicant is taken on record.

¶2The present application has been filed for quashing of the entire proceedings of Case No.7233 of 2020 under Sections 323, 504, 506 I.P.C. Police Station Alambagh, Lucknow.

¶3In pursuance of earlier order, applicant no.1, Aruna Arora (Aadhar No.474364347415), Yogesh Tondon, husband of the applicant no.1 (Aadhar No.239044666930) and private respondent, Sulakshna Tondan (Aadhar No.805145536052) are present before this Court.

¶4Applicant no.1 stated in the supplementary afÏdavit that F.I.R. 0223/2019 under Section 313, 323, 341, 406, 498-A I.P.C. was lodged in Police Station Mahila Thana, Faridabad and she does not want to pursue the aforesaid case and withdraw the same within two weeks from today. She also stated that one petition under Section 125 Cr.P.C. bearing Case No.518/2021 (Aruna Arora Vs. Yogesh Tondan) is pending before the Additional Principal Judge, Family Court-II, Faridabad.

¶5Applicant no.1 as well as Yogesh Tondan jointly requested that they will file petition under Section 13-B of Hindu Marriage Act.

¶6Learned counsel for the applicant has submitted that prosecution in question is arisen due to some matrimonial dispute, as the parties are agree to withdraw all the cases lodged against each other, therefore, the impugned proceeding may be quashed.

¶7Private respondent has no objection, in case, the impugned proceeding is quashed and also conceded this fact that parties are willing to settle the dispute by way of filing petition under Section 13-B of Hindu Marriage Act.

¶8Considering the submissions of learned counsel for the parties, going through the record, supplementary afÏdavit as well as other relevant documents, as the applicant no.1 filed supplementary afÏdavit and given undertaking that she will withdraw cases as mentioned above and file petition under Section 13-B of Hindu Marriage Act within one month, in such circumstances, the impugned proceeding is a futile exercise and is liable to be quashed.

¶9In view of the above, the present application under Section 482 Cr.P.C. is allowed and the impugned proceeding is quashed.

¶10The applicant is directed to file withdrawal application within two weeks from today. Order Date :- 14.12.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench