Allowed

Vinod Verma @ Vinod Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC2 Aug 2022/4785/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC quashing criminal proceedings arising from matrimonial discord. The parties had settled their dispute amicably outside court with a written compromise. Relying on various Supreme Court precedents, the court held that continuing proceedings would be futile.

What did the court decide?

Charge-sheet dated 5.7.2020, summoning order dated 6.9.2021, and entire proceedings of Criminal Case No.1414 of 2021 are quashed.

Vinod Verma @ Vinod Kumar Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 4785 of 2022

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Applicant :- Vinod Verma @ Vinod Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Kumar Maurya Counsel for Opposite Party :- G.A.,Prince Singh

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the parties and perused the record.

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In compliance of the order dated 25.7.2022 passed by this Court, petitioner and opposite party no.2 are present and they have been identified by their respective counsels.

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This petition has been filed for quashing of charge-sheet dated 5.7.2020 as well as the summoning order dated 6.9.2021 and the entire proceedings of Criminal Case No.1414 of 2021, arising out of Case Crime No.136 of 2020, under Sections 323, 504, 506, 308, 452, 325 IPC, Police Station Sakran, District Sitapur, pending in the court of Additional Civil Judge (JD), Court No.5, Sitapur.

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The impugned proceedings are result of matrimonial discord between the husband and the wife. The parties have settled their dispute amicably outside the Court and they have reduced the terms of the compromise in writing on 14.12.2021, and the terms of compromise has been placed on record as Annexure-6 to the petition.

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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

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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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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and charge-sheet dated 5.7.2020 as well as the summoning order dated 6.9.2021 and the entire proceedings of Criminal Case No.1414 of 2021, arising out of Case Crime No.136 of 2020, under Sections 323, 504, 506, 308, 452, 325 IPC, Police Station Sakran, District Sitapur, pending in the court of Additional Civil Judge (JD), Court No.5, Sitapur, are hereby quashed.

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Order Date :- 2.8.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.08.02 18:14:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vinod Verma @ Vinod Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Vinod Verma @ Vinod Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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