(Ranjan Gogoi and R. Banumathi, JJ.)
Pooja Pallavi & Ors. ___________________________ Appellant(s)
v.
The State of Uttar Pradesh & Anr. _________________ Respondent(s)
Criminal Appeal No. 821 of 2018 [Arising out of SLP (Crl.) No. 2850/2018], decided on July 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard learned counsels for the parties.
3. The materials on record would go to show that the first marriage of the appellant (Pooja Pallavi) had been dissolved prior to her entering into the marriage with the second respondent. The High Court, in our opinion, ought to have quashed the proceedings on the said basis. We, therefore, set aside the order of the High Court and allow this appeal. We also take on record the statement made on behalf of the appellant (Pooja Pallavi) that she would unconditionally withdraw the criminal proceedings instituted by her against the respondent (Devesh Kumar Malviya) under Section 498A IPC within two weeks from today.
4. The appeal is disposed of in the above terms.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2850/2018
Pooja Pallavi & Ors ______________________________ Petitioner(s)
v.
The State of Uttar Pradesh & Anr _________________ Respondent(s)
(FOR ADMISSION and I.R.I.A. NO. 70379/2018-STAY APPLICATION I.A. NO. 70380/2018-EXEMPTION FROM FILING O.T.)
Date : 04-07-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Mr. Shantanu Kumar, AOR
Mr. N.N. Rai, Adv.
For Respondent(s) Mr. Sanjay Singh, Adv.
Mr. Rajeev Singh, AOR
UPON hearing the counsel the Court made the following
ORDER
5. Leave granted.
6. The appeal is disposed of in terms of the signed order.
7. Consequently, pending application(s), shall stand disposed of.
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