Sandeep Sharma and 2 Others Vs State of U.P. and 2 Others

Court No. - 49

Case :- APPLICATION U/S 482 No. - 16620 of 2017

Applicant :- Sandeep Sharma And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Opposite Party :- G.A.,Shanindra Prapanna

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 16.2.2017 as well as cognizance order dated 15.4.2017 passed by Special Chief Judicial Magistrate, Kanpur Nagar including entire proceeding of Case No. 20094 of 2017, arising out of Case Crime No. 165 of 2016, under Section 498-A, 323, 504, 325 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chhavani, District Kanpur Nagar, pending before Special Chief Judicial Magistrate, Kanpur Nagar.

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Learned counsel for the applicants submits that the dispute between the parties arises out of matrimonial discord. This court vide order dateed 24.5.2017 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 18.5.2018 between the parties. The Mediation Centre vide its report dated 18.5.2018 had reported successful mediation. The said fact has been mentioned in the paragraph no. 5 of the settlement/agreement dated 18.5.2018. The basis of the criminal prosecution no longer exists.

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Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 18.5.2018 before the Mediation and Conciliation Centre of this Court, the proceedings of Case No. 20094 of 2017, arising out of Case Crime No. 165 of 2016, under Section 498-A, 323, 504, 325 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chhavani, District Kanpur Nagar is hereby quashed.

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The application u/s Section 482 Cr.P.C. is allowed .

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Order Date :- 2.7.2018 Prakhar

Sandeep Sharma and 2 Others v. State of U.P. and 2 Others

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Sandeep Sharma and 2 Others v. State of U.P. and 2 Others

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