Allowed

Shiv Govind Mishra and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Allahabad HC1 Aug 2022/2713/2022

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court considered a plea to quash criminal proceedings under sections 498-A IPC and the Dowry Prohibition Act arising from matrimonial discord. The court held that since the parties reached a compromise outside the court, mutual consent for divorce, and the terms were reduced to writing, the continuation of proceedings was futile. Consequently

What did the court decide?

Quashing of proceedings under Case Crime No. 445/2015, all charge sheets, and summoning orders arising from the matrimonial dispute.

Shiv Govind Mishra and Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 2713 of 2022

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Applicant :- Shiv Govind Mishra And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- Manoj Kumar Dubey,Deena Nath Mishra Counsel for Opposite Party :- G.A.,Mahfooz Alam

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Hon'ble Dinesh Kumar Singh,J.

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1.Present petition under section 482 Cr.P.C. has been filed seeking quashing of the proceedings of Case Crime No. 445/2015, under sections 498-A, 504, 506, 406, 377 I.P.C. readwith Section 3/4 of the Dowry Prohibition Act, Police Station-Para, district-Lucknow pending before the Court of Judicial Magistrate-II, Lucknow. It has further been prayed to quash the chargesheets dated 09-052016 & 02-12-2016 as well as the summoning orders dated 30-06-2016 and 14-09-20-17 under sections 498-A,504,406,377 I.P.C. readwith Section 3/4 of the Dowry Prohibition Act, Police StationPara, district-Lucknow.

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Learned counsel for the petitioners prays for quashing of the impugned proceedings on the ground of compromise arrived at between the parties outside the court amicably and terms of compromise have been reduced in writing. The compromise has been placed on record as Annexure No.8 to the petition. The parties have taken mutual consent for divorce. The husband has deposited Rs. 12 Lac before the Family Court as agreed between the parties.

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Petitioner No. 1, Shiv Govind Mishra and Respondent no.3, Smt. Kshama Mishra are present in person in the court, who have been duly identified by their respective counsels. Respondent no. 3, Smt. Kshama Mishra submits that she has no objection for quashing of the impugned proceedings as the same are result of matrimonial discord between the parties.

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Mr.Mahfooz Alam, learned counsel appearing for opposite party No. 3 also supports the petition and submits that parties have arrived at compromise and this Court in the interest of justice may quash the proceedings.

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I have considered the submissions of learned counsel for the parties.

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Considering the ratio laid down by the Supreme Court in the cases of 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 Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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Considering the aforesaid aspect, the present petition is allowed and the proceedings initiated against the petitioners in pursuance of Case Crime No. 445/2015, under sections 498A,504,506,406,377 I.P.C. readwith Section 3/4 of the Dowry Prohibition Act, Police Station-Paradistrict-Lucknow pending before the Court of Judicial Magistrate-II, Lucknow. It has further been prayed to quash the chargesheets dated 09-052016 & 02-12-2016 as well as the summoning orders dated 30-06-2016 and 14-09-20-17 under sections 498-A,504,406,377 I.P.C. readwith Section 3/4 of the Dowry Prohibition Act, Police StationPara, district-Lucknow, are hereby quashed.

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Order Date :- 1.8.2022 AKS

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Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.08.02 09:59:09 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shiv Govind Mishra and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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Shiv Govind Mishra and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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