- (1.) Parcha filed by Sri Nitin Agarwal on behalf of the complainant is taken on record. Heard Sri Sushil Kumar Tewari, learned Counsel for the applicants, Sri Nitin Agarwal, learned Counsel for opposite parties No. 2 as well as learned A.G.A. appearing on behalf of the State.
(2.) This application under Section 482 Code of Criminal Procedure has been filed with a prayer to quash the charge-sheet No. 42 of 2010 dated 6.2.2010 arising out of case crime No. 1657 of 2009 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Nawabad, District Jhansi as well as proceedings of Criminal Case No. 2576 of 2010 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act pending in the Court of Chief Judicial Magistrate, Jhansi. Opposite party No. 2 is the wife of applicant No. 1. Applicant Nos. 2, 3 and 4 are mother, uncle and aunt of applicant No. 1. Applicant No. 1 and opposite party No. 2 were married on 10.7.2008. Subsequently, on 20.10.2009, FIR was lodged by the complainant against the applicants alleging harassment on behalf of demand of dowry. After investigation, charge-sheet has been submitted and cognizance has been taken by the Magistrate.
(3.) Learned Counsel for the applicants submitted that parties have come to terms. They have decided to obtain a decree under Section 13-B of the Hindu Marriage Act and it was also decided that applicant No. 1 shall pay a sum of Rs. 18 lacs to opposite party No. 2. A copy of the compromise has been filed before the Magistrate concerned and a sum of Rs. 18 lacs through bank drafts of Rs. 9 lacs each have been deposited in the Family Court, Allahabad in divorce suit No. 83 of 2011 filed by Smt. Priyanka Vinay Adnani and Vinay Adnani. In support of the application, a joint affidavit sworn by applicant No. 1 and opposite party No. 2 has been filed. Paragraph 8 of the joint affidavit is reproduced below: 8. That in the aforesaid case, the parties have entered into compromise out of Court and settled the dispute. The applicant No. 1 and opposite party No. 2 have executed a compromise and agreed to dissolve their relation by way of obtaining divorce under Section 13B of Hindu Marriage Act. It is agreed by the applicant No. 1 that he will pay a sum of Rs. 18 lacs to the opposite party No. 2 by way of demand draft. The applicant No. 1 has got prepared the demand draft for a sum of Rs. 18 lacs vide draft No. 197291 and 197292. For kind perusal of this Hon'ble Court, a true copy of the Compromise executed in between the applicant No. 1 and opposite party No. 2 and the copies of Drafts are being filed herewith and marked as Annexure No. 3 and 4 to this Affidavit.;