Allowed

Manoj Kumar and 5 Others v. State of U.P. and Another

Allahabad HC1 Apr 2022A482/17808/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Court quashed the charge-sheet, order of cognizance, and pending proceedings in cases arising under Sections 498A, 323, 376, 511 IPC and the Dowry Prohibition Act, based on a verified compromise between the parties.

What did the court decide?

Proceedings, charge-sheet, and cognizance order quashed in terms of the verified compromise.

Manoj Kumar and 5 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 17808 of 2020

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Applicant :- Manoj Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Manish Kumar,Manoj Kumar

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Counsel for Opposite Party :- G.A.,Deepak Kumar,Rajkumar Verma

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Hon'ble Manish Kumar,J.

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Heard Shri Manish Kumar, learned counsel for the applicants, Shri Raj Kumar Verma, learned counsel for the respondent no. 2 and perused the record.

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Present petition under Section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 16.07.2018 as well as order of cognizance dated 09.10.2018 in Case No. 210 of 2018 arising out of Case Crime No. 21 of 2017 under Section 498 A, 323, 376, 511 IPC and under Section 3/4 of the Dowry Prohibition Act, Police Station Jani, District Meerut pending in the Court of Chief Judicial Magistrate, Meerut on the basis of the compromise entered between the parties during the pendency of the instant petition.

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This Court vide its order dated 26.03.2021 has sent the matter to trial court for verification of the compromise entered into between the parties and directing the Court below to submit its report before this Court.

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Pursuant to the aforesaid order of this Court dated 26.03.2021, the Chief Judicial Magistrate, Meerut has submitted its report dated 27.08.2021 before this Court, which is on record.

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Thereafter, an another order has been passed wherein, the applicants were directed to move proper and appropriate compromise before competent court which could be verified by

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the court concerned. Chief Judicial Magistrate, Meerut shall send a certified copy of the compromise verification by the next date fixed.

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Thereafter, a compromise has been filed on 24.08.2021 by the parties (copy of which is enclosed as annexure no. 1 to the supplementary affidavit) filed on 10.11.2021 alongwith certified copy of the order of Court below dated 24.08.2021 mentioning therein that parties were present before the Court below and their photo and signatures have been verified by their respective counsel.

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Thereafter again on 07.09.2021, an order has been passed by this Court for filing an affidavit bringing on record that there is some terms and conditions in it which have not been explained as to whether the terms and conditions have been fulfilled or not.

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In compliance of the aforesaid order dated 07.09.2021, the supplementary affidavit has been filed enclosing therewith the copy of the affidavit of the respondent no. 2 specifically mentioning therein that she wants to end the proceedings of the present case and does not want to press the same.

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Learned counsel for the respondent no. 2 has submitted that a compromise has been entered and the respondent no. 2 does not want to continue with the criminal case filed against the applicants.

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Learned counsel for the applicants has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

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On the other hand, learned Additional Government Advocate and Shri Rajkumar Verma, learned counsel for the respondent no. 2 have submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want

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to proceed with criminal case and the proceedings thereof and charge sheet dated dated 16.07.2018 as well as Cognizance Order dated 09.10.2018 may be quashed in terms of the compromise dated 24.08.2021 wherein all the petitioners and the respondent no. 2 are signatories. The said compromise has been verified by the Court below and on the basis thereof, a report dated 24.08.2021 has been prepared by the the Court below.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 24.08.2021 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) , there is no purpose to keep the proceedings pending before the trial court and hence the proceedings of the Case No. 210 of 2018 arising out of Case Crime No. 21 of 2017 under Section 498 A, 323, 376, 511 IPC and under Section 3/4 of the Dowry Prohibition Act, Police Station Jani, District Meerut and Cognizance order dated 09.10.2018 as well as charge-sheet dated 16.07.2018 are hereby quashed in terms of the compromise dated 24.08.2021.

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The petition is allowed .

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Order Date :- 1.4.2022 Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.04.05 12:50:49 IST Reason: Location: High Court of Judicature at Allahabad

Manoj Kumar and 5 Others v. State of U.P. and Another

Case brief

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Manoj Kumar and 5 Others v. State of U.P. and Another

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