Allowed

Prabhoo Ji Saxena v. State of U.P. and Another

Allahabad HC17 Feb 2022/1463/2021

Case brief

AI extract

What is this about?

This application under Section 482 CrPC sought quashing of criminal proceedings arising from an FIR under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act. The court allowed the petition and quashed the proceedings since the parties had amicably settled their matrimonial dispute through a compromise dated 18.12.2021, verified by the Registrar.

What did the court decide?

The criminal proceedings in Case Number 17363 of 2021 pertaining to Charge-Sheet No.1 are quashed.

Prabhoo Ji Saxena Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1463 of 2021

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Applicant :- Prabhoo Ji Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Nath Singh,Arbab Hussain Zaidi Counsel for Opposite Party :- G.A.,Samar Nath Gupta

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Samar Nath Gupta, learned counsel for respondent no.2 as well as perused the record.

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The petition seeks quashing of the entire criminal proceedings in Case Number 17363 of 2021 pertaining to charge-sheet no.1 arising out of F.I.R. having Crime No.0726 of 2017 under Sections 498A, 323, 504, 506 Indian Penal Code, Section 3/4 Dowry Prohibition Act, Police Station Thakurganj, District Lucknow.

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Learned counsel for the petitioner and learned counsel for respondent no.2 submit that the dispute is matrimonial in nature and they have amicably settled their dispute outside the court vide compromise dated 18.12.2021, copy of which is on record as Annexure-SA 3 to the Supplementary Affidavit.

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Further it has been submitted by learned counsel for the petitioner that in compliance of order passed by this Court dated 8.12.2021 the compromise has been verified by the Senior Registrar of this Court. The verification report of the Senior Registrar dated 5.1.2022 is on record.

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Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioner.

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Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and verification report dated 5.1.2022 as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

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Order Date :- 17.2.2022 Madhu

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Digitally signed by MADHU KUMARI Date: 2022.02.18 17:43:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Prabhoo Ji Saxena v. State of U.P. and Another

Case brief

What is this about?

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Prabhoo Ji Saxena v. State of U.P. and Another

Case brief

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