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Judgment
Shri Narayan Shukla, J.—Pursuant to the order dated 20.11.2008 passed by this Court Smt. Abhilasha her husband Mr. Paras Pandey as well as her father Mr. Udai Bhan Misra are present before this Court.
Firstly, I take up the matter in chamber in presence of Smt. Abhilasha and her husband Mr. Paras Pandey. During the course of discussion, lady Abhilsha shown her unwillingness to follow her husband and expressed her willingness to live separately from him under the judicial order. Keeping in view her statement, I again take up the matter in open Court. She reiterated in her statement that she is ready to live separately after dissolution of marriage, accordingly she is not ready to live with her husband in any manner.
Under the strength of the decision of the Hon''ble Supreme Court rendered in the case of B.S. joshi and others v. State of Haryana and another, 2003 (46) ACC 779 (SC) = 2003 (51) ALR 222 = 2003 (5) AIC 42. in which it has been held that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and section 320 of the Code does not limit or affect the powers under section 482 of the Code and I find that since the dispute has been settled between the parteis, in either way the Court has to endeavour to conclude the proceedings at this stage, I feel it appropriate to dissolve the marriage with their consent and close the proceedings of the criminal case No. 437 of 2007 arising out of case crime No. 253 of 2007 under sections 498A/323/504/506/316 IPC and 3/4 Dowry Prohibition Act, Police Station Mankapur District Gonda.
Now Smt. Abhilasha and Mr. Paras Pandey are free to live separately from their own will without any interference/intervention of other.
Since their marriage has been dissolved, I hereby quash the proceedings of criminal case No. 437 of 2007 arising out of case crime No. 253 of 2007 under sections 498A/323/504/506/316 IPC and 3/4 Dowry Prohibit Act, Police Station Mankapur District Gonda pending in the Court of Judicial Magistrate IInd, Gonda.
The petition is disposed of finally.