Allowed

Ravi Kumar Soni and 2 Ors. v. State of U.P. and Another

Allahabad HC23 May 2019A482/9725/2019

Case brief

AI extract

What is this about?

In an application u/s 482 CrPC seeking quashing of proceedings, the court allowed the petition due to a post-compromise reached between parties, holding no useful purpose for continuing criminal proceedings under IPC 498A and Dowry Prohibition Act.

What did the court decide?

Summons dated 31.01.2019 and entire proceedings in Complaint Case No. 420 of 2018 set aside.

Ravi Kumar Soni and 2 Ors. Vs State of U.P. and… — Service and Employment | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 9725 of 2019

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Applicant :- Ravi Kumar Soni And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Supplementary affidavit filed on behalf of the applicants is taken on record.

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Heard learned counsel for the applicants, Sri Ashutosh Gupta, Advocate holding brief of Sri J.L. Yadav, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material brought on record.

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The instant application has been filed with the prayer to quash the summoning order dated 31.01.2019 and the entire proceedings in Complaint Case No.420 of 2018 Smt. Reema Soni Vs. Ravi Soni and others, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Phoolpur, District Allahabad.

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It is contended by the learned counsel for the applicants that in this case, worth compromise has been reached between the parties and the compromise meant to be verified by the court below has been verified by it on 10.04.2019, copy whereof has been annexed as annexure-SA-3 to the supplementary affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance on the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) , in support of his contention.

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It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicant is liable to be quashed in terms of the compromise between the parties.

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Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the

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proceedings are quashed.

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In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of above, the summoning order dated 31.01.2019 and the entire proceedings in Complaint Case No.420 of 2018 Smt. Reema Soni Vs. Ravi Soni and others, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Phoolpur, District Allahabad, are hereby set aside.

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Accordingly, the present application is allowed.

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Let a copy of this order be sent to the court below for necessary information and follow up action.

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Order Date :- 23.5.2019

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rkg

Ravi Kumar Soni and 2 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ravi Kumar Soni and 2 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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