Quashed

Vipin Srivastava v. State of U.P.and Another

Allahabad HC28 Sept 2022A482/16613/2019

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court observed that the applicant had fulfilled the mediation agreement by depositing Rs. 4,00,000. Consequently, the Court held that no adjudication was required and quashed the impugned summoning order and the entire proceedings of the complaint case involving matrimonial offences.

What did the court decide?

Quashing of summoning order dated 03.07.2018 and proceedings of Complaint Case No. 635 of 2017 involving Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act.

Vipin Srivastava Vs State of U.P.and Another — Dowry and Cruelty | Allahabad HC (2022)

¶1

Court No. - 70

¶2

Case :- APPLICATION U/S 482 No. - 16613 of 2019

¶3

Applicant :- Vipin Srivastava Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Arvind Kumar Saxena Counsel for Opposite Party :- G.A.,Arvind Srivastava,Pushkar Srivastava

¶4

Hon'ble Piyush Agrawal,J.

¶5

Heard Sri Arvind Kumar Saxena, learned counsel for the applicant, learned Additional Government Advocate for the State as well as Sri Arvind Srivastava, learned counsel appearing for private respondent and perused the record.

¶6

The present application under Section 482 Cr.P.C., has been filed for quashing of the summoning order dated 03.07.2018 passed by learned Magistrate in complaint case No. 635 of 2017 (Smt. Bandana Srivastava Vs. Vipin Srivastava and others), under Sections 498-A, 323, 504, 506 IPC readwith Section 3/4 D.P. Act, P.S. Shikohabad, District Firozabad including the entire proceedings of complaint case pending in the court of learned additional Chief Judicial Magistrate, Shikohabad, District Firozabad.

¶7

It is submitted that this Court vide order dated 26.04.2019 referred the matter to the Mediation Centre of this Court for amicable settlement of the dispute in between the parties.

¶8

In pursuance of the order passed by this Court dated 26.04.2019, the parties have appeared before the Mediation and Conciliation Centre of this Court o n 26.11.2020 and have entered into an agreement specifically drawn in para-7 of the report of the Mediation Centre, by which the applicant was required to deposit Rs.4,00,000/- (Rupees Four Lacs Only). The demand draft no. 046257 dated 26.07.2020 amounting to Rs.4,00,000/- , which has been re-validated on 18.07.2022 issued by the Bank of Baroda has been handed over in Court to Sri Arvind Srivastava, learned counsel for the informant. He accepted the said bank draft on the instruction of his client.

¶9

In view of above, nothing survives to be adjudicated upon in this application under Section 482 Cr.P.C., therefore, the proceedings of Complaint Case No. 635 of 2017 (Smt. Bandana Srivastava Vs. Vipin Srivastava and others), under Sections 498-A, 323, 504, 506 IPC readwith Section 3/4 D.P. Act, P.S. Shikohabad, District Firozabad including summoning order

¶10

dated 03.07.2018 pending in the court of learned additional Chief Judicial Magistrate, Shikohabad, District Firozabad are hereby quashed.

¶11

The application is disposed of accordingly.

¶12

Order Date :- 28.9.2022 Prajapati

¶13

( Piyush Agrawal,J)

¶14

Digitally signed by RAMKESH PRAJAPATI Date: 2022.09.29 10:03:34 IST Reason: Location: High Court of Judicature at Allahabad

Vipin Srivastava v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Vipin Srivastava v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pramod Jatav Vs State of U.P.

Shivani Singh and Another Vs State of U.P. and 3 Others

Smt. Artee Yadav and Another Vs State of U.P. and 3 Others

Sanjay Prajapati Vs State Of Up through its principal secretary home

Sachin Kumar Vs State of U.P.

Jitendra Singh Vs State of U.P.