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2014 DIGILAW 3012 (ALL)

Anand Kumar Shukla v. Union of India Thru. Secy. Mini. Of External Affairs

2014-09-25

D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya, J. The petitioner has stated that he is a Chief Officer in the Merchant Navy and that a passport was issued to him on 5 January 2009 by the Regional Passport Officer, Regional Office, Lucknow. The wife of the petitioner lodged a first information report which was registered as Case Crime No. 1662 of 2013 under Sections 498A and 323 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act at P.S.-Kotwali, District Lakhimpur. 2. According to the petitioner, a mediation took place before the Mediation Centre of the Civil Court at Kanpur and a deed of compromise was entered into between the petitioner and his wife before the Principal Family Court, Kanpur Nagar in Case No. 1374 of 2013 on 19 August 2014. A copy of the deed of compromise is annexed as Annexure-6 to these proceedings. The petitioner has stated that in pursuance of the deed of compromise, he has paid an amount of Rs.12,00,000/- to his wife and the matrimonial dispute has been settled. 3. However, in the meantime, a notice was issued to the petitioner on 2 April 2014 by the Regional Passport Officer calling upon him to show case why an action for impounding the passport not be taken under Section 10 (3) (e) read with Section 12(1)(b) of the Passport Act, 1967. The passport has since been impounded on 29 April 2014 on the ground of pendency of the criminal case. 4. The learned counsel appearing on behalf of the petitioner stated before the Court that the petitioner would apply for quashing of the criminal case, since the matter, according to the petitioner, has been settled. Therefore, depending upon the outcome of those proceedings, we permit the petitioner to move the Regional Passport Officer for modification of the order of impounding. 5. We clarify that, at this stage, we are not expressing any final opinion on the correctness of plea of the matrimonial dispute being settled in the absence of the spouse of the petitioner, as she is not a party to these proceedings. We, however, leave it open to the petitioner to pursue the course of action, as indicated above. The petition is, accordingly, disposed of. There shall be no order as to costs.