Allowed

Gokaran Singh @ Ranjeet Singh and Others v. State of U.P. Thru. Prin.Secy.Home Dept. and Another

Allahabad HC14 Mar 2022/1094/2022

Case brief

AI extract

What is this about?

This Single Bench order under Section 482 Cr.P.C. allowed an application to quash criminal proceedings under Section 498-A IPC and related sections. The quashing was permitted based on a verified compromise dated 20.02.2019 entered between the parties in the facts of the case.

What did the court decide?

Quashing of the entire proceedings of Complaint Case No. 247 of 2017 and the summoning order dated 23.12.2017 based on the compromise dated 20.02.2019.

Gokaran Singh @ Ranjeet Singh and Others Vs State… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 16 Case :- APPLICATION U/S 482 No. - 1094 of 2022 Applicant :- Gokaran Singh @ Ranjeet Singh And Others Opposite Party :- State Of U.P. Thru. Prin.Secy.Home Dept. And Another

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Counsel for Applicant :- Vivek Kumar Divedi Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Shri Sandeep Kumar Trivedi, Advocate has filed vakalatnama on behalf of respondent no. 2, which is taken on record.

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Heard learned counsel for the petitioners, learned AGA and Shri Sandeep Kumar Trivedi, learned counsel for the respondent no. 2 as well as perused the record.

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The present petition under Section 482 Cr.P.C. has been preferred by the petitioners to quash the entire proceedings of impugned summoning order dated 23.12.2017 passed by the learned Additional Chief Judicial Magistrate, Court No. 5, Hardoi in Complaint Case No. 247 of 2017, under Sections 498-A, 316, 323 IPC and under Section 4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Hardoi in terms of the compromise dated 20.02.2019 entered between the parties pursuant to the order of this Court dated 24.01.2019 passed in Petition under Section 482 Cr.P.C. bearing No. 566 of 2019. Learned counsel for the petitioners has submitted that earlier a petition under Section 482 Cr.P.C. bearing No. 566 of 2019 was preferred by the petitioners which was disposed of by this Court vide its judgment and order dated 24.01.2019 with a direction to the court concerned that if any compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The Court in that

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scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the petitioners to approach this Court again for quashing of the proceedings. Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

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The compromise has been entered between the parties on 20.02.2019, (annexed at page no. 24 of the present petition under Section 482 Cr.P.C.) wherein all the petitioners and the respondent no. 2 are signatories. The said compromise has been verified by the Court below and on the basis thereof, a report dated 10.12.2021 has been prepared by the the Court below.

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On the other hand, learned Additional Government Advocate and Shri Sandeep Kumar Trivedi, learned counsel for the respondent no. 2 have submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof as well as summoning order dated 23.12.2017 may be quashed in terms of the compromise dated 20.02.2019.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 20.02.219 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) , the proceedings of the Complaint Case No. 247 of 2017, under Sections 498-A, 316, 323 IPC and under Section 4 of Dowry Prohibition Act, Police Station Kotwali Dehat, District Hardoi and summoning order dated 23.12.2017 are hereby quashed in terms of the compromise dated 20.02.2019.

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The petition is allowed .

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Order Date :- 14.3.2022/Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.03.14 16:15:37 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Gokaran Singh @ Ranjeet Singh and Others v. State of U.P. Thru. Prin.Secy.Home Dept. and Another

Case brief

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Gokaran Singh @ Ranjeet Singh and Others v. State of U.P. Thru. Prin.Secy.Home Dept. and Another

Case brief

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