Single judge allowed an application under Section 482 CrPC to quash a charge sheet in a matrimonial dispute. The court noted an amicable settlement and relied on an apex court judgment from 2018 to quash the proceedings.
Application under Section 482 CrPC to quash the charge sheet in Case Crime No. 1724 of 2016 allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 15
Case :- APPLICATION U/S 482 No. - 16216 of 2017
Applicant :- Avnish Kumar Kaushik Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Afshan Shafaut Counsel for Opposite Party :- G.A.,Santosh Tripathi
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicant with a prayer to quash the Charge Sheet dated 01.09.2016, in Case Crime No. 1724 of 2016, arising out of Case Crime No. 273 of 2016 (State v. Avnish Kumar Kaushik and others), under Sections 498A, 323, 504 and 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station - Mahila Thana, District - Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, VIIIth,Ghaziabad.
Opposite party no. 2 Shweta Kaushik has filed an affidavit asserting that the matter has been amicably settled between the parties.
This is a case of matrimonial dispute, which has been amicably settled between the parties.
As per judgment of Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India reported in 2018 SCC OnLine SC 1501 , the proceedings of aforesaid case is quashed.
Accordingly, the instant application stands allowed.
Order Date :- 18.12.2018 I. Batabyal
2 issues framed by the court
Whether the charge sheet in the matrimonial dispute arising out of Section 498A IPC should be quashed in view of the amicable settlement between parties.
Whether the judgment in Social Action Forum for Manav Adhikar and another Vs. Union of India applies to quash the present proceedings.
Colour shows how this judgement treated each authority
Social Action Forum for Manav Adhikar and another Vs. Union of IndiaExplained¶9
_Social Action Forum for Manav Adhikar and another Vs. Union of India_ reported in _2018 SCC OnLine SC 1501_
3 provisions across 3 enactments
Avnish Kumar Kaushik
State Of U.P.
Shweta Kaushik
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
