Allowed

Vivek Kumar Pandey @ Vivek v. State of U.P. Thru Prin Sec Home Civil Secy and Another

Allahabad HC26 Jul 2022/70/2022

Case brief

AI extract

What is this about?

The court quashed criminal proceedings in two connected miscellaneous applications filed under Section 482 Cr.P.C. concerning domestic allegations of dowry harassment and cruelty. The parties had reached an amicable settlement involving alimony payment and mutual agreement to live separately, rendering the continuation of criminal proceedings futile.

What did the court decide?

The petitions for quashing were allowed, and the proceedings of Criminal Case No. 4459 of 2020 arising out of FIR No. 22/2019 were quashed.

Vivek Kumar Pandey @ Vivek Vs State of U.P. Thru Prin… — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 70 of 2022

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Applicant :- Vivek Kumar Pandey @ Vivek Opposite Party :- State Of U.P. Thru Prin Sec Home Civil Secy And Another Counsel for Applicant :- Purshottam Chaurasia Counsel for Opposite Party :- G.A.

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Connected with

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Case :- APPLICATION U/S 482 No. - 2993 of 2021

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Applicant :- Aditya Pandey And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Umesh Chandra,Ram Sewak Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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The petitions under Section 482 Cr.P.C. have been filed seeking quashing of entire proceedings of Criminal Case No. 4459 of 2020 (State Versus Aditya Pandey & Others) arising out of FIR No. 22 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Amethi, District Amethi, Charge Sheet No. 04/2020, dated 25.02.2020, Cognizance and Summoning Order dated 16.12.2020, under Sections 498-A, 323, 504, 506 I.P.C. passed by Chief Judicial Magistrate, Sultanpur with an alternative prayer to stay the further proceedings of aforesaid case.

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The matters were referred to the Mediation and Conciliation Centre of this Court. The parties have settled their disputes amicably and agreed with the terms of settlement in writing. The terms of the settlement be reads as under:-

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" 6. The following settlement has been arrived at between the parties hereto:

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(A) That both the parties have agreed to live separately and for

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the purpose of dissolution of their marriage solemnized on 11.05.2018, they have filed a Divorce Petition No. 237 of 2022, U/s 13-B of Hindu Marriage Act, filed before Principal Judge, Family Court, Amethi with mutual consent.

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(B) That both the parties have mutually agreed that in lieu of dissolution of their marriage Mr. Aditya Pandey (Husband/First Party) shall pay a sum of Rs. 9,00,000/(Rupees Nine Lakh Only) to Ms. Parul (Wife/Second Party) as permanent alimony.

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(C) That out of the permanent alimony amount of Rs. 9,00,000/(Rupees Nine Lakh Only), a sum of Rs. 6,50,000/- (Rupees Six Lakh Fifty Thousand only) has already been given to Ms. Parul (Wife/Second Party) through Demand Drafts on different dates which is acknowledged by her.

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(D) That the remaining amount of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only) has been given by the First Party to the Second Party through a Demand Draft bearing no. 527028 dated 06.07.2022 of amount Rs. 2,35,000/- (Rupees Two Lakh Thirty Five Thousand only) and a Cheque bearing no. 339034 dated 07.07.2022 of amount Rs. 15,000/- (Rupees Fifteen Thousand only) today i.e. 07.07.2022.

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(E) That the Second Party agrees not to pursue anymore the case filed against First Party and their family members which may be quashed by Hon'ble Court in terms of this settlement/agreement, the detail of which is below mentioned:

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i. Case No. 4459 of 2020 arising out of FIR No. 22/2019 U/S 498-A, 323, 504, 506, IPC & 3/4 Dowry Prohibition Act, P.S. Amethi District Amethi.

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Besides the above if any other case is filed between both the parties the same shall also be withdrawn by either of the parties.

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(F) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of any criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the present dispute or any matter incidental there to and if any proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement.

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(G) That both the parties will facilitate each other for smooth and speedy disposal of a Divorce Petition No. 237 of 2022 U/S

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13-B of Hindu Marriage Act, filed before Principal Judge, Family Court, Amethi.

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(H) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above and as be mentioned in the suit to be filed u/s 13-B of Hindu Marriage Act petition, such act shall entail for contempt of Court."

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Considering the fact that the parties have settled their disputes in terms of the settlement arrived between them, as mentioned above, and also taking into consideration the judgments of 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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In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petitions are allowed and proceedings of Criminal Case No. 4459 of 2020 (State Versus Aditya Pandey & Others) arising out of FIR No. 22 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Amethi, District Amethi, Charge Sheet No. 04/2020, dated 25.02.2020, Cognizance and Summoning Order dated 16.12.2020, under Sections 498-A, 323, 504, 506 I.P.C. passed by Chief Judicial Magistrate, Sultanpur, are hereby quashed.

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Order Date :- 26.7.2022 Shafique

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Digitally signed by SAFIKUR RAHAMAN Date: 2022.07.28 12:46:44 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Vivek Kumar Pandey @ Vivek v. State of U.P. Thru Prin Sec Home Civil Secy and Another

Case brief

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Vivek Kumar Pandey @ Vivek v. State of U.P. Thru Prin Sec Home Civil Secy and Another

Case brief

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