Quashed

Anshu Singh v. State of U.P. and Another

Allahabad HC13 Sept 2022A482/19025/2021

Case brief

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What is this about?

The Court quashed criminal proceedings under Sections 504, 506 IPC and Section 3(1)Da, Dha SC/ST Act based on a verified compromise between the applicant and the private respondent, relying on Supreme Court precedents regarding settlement disputes.

What did the court decide?

Complete quashing of criminal No.72 of 2020, charge sheet dated 7.12.2020 and cognizance order dated 2.2.2021.

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

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 19025 of 2021

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Applicant :- Anshu Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant who has filed supplementary affidavit today in court which is taken on record, and learned A.G.A. for the State. None appears for respondent No.2, although as per office report, notice has been served on him.

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By means of present petition, the petitioner has prayed for quashing of entire proceedings ofcase crime No.72 of 2020 under sections 504, 506 I.P.C. and section 3(1)Da, Dha SC/ST Act, P.S. Atersuiya, district Prayagraj as also charge sheet dated 7.12.2020 and cognizance order dated 2.2.2021, passed by Special Judge, SC/ST Act, Allahabad.

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Learned counsel for the petitioner submits that the petitioner and respondent No.2 have entered into compromise outside the court. On the basis of compromise, the trial court was directed to verify the original compromise in presence of the parties vide order dated 16.8.2022. In compliance of the said order, the parties have appeared before the trial court and the learned trial court has verified the compromise in the presence of the parties vide order dated 25.8.2022 which has been filed along with the supplementary affidavit.

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It is submitted on behalf of the petitioner that the dispute between the petitioner and private respondent has been amicably settled by way of compromise, which has been verified under orders of this Court in the presence of the parties and their counsel. Therefore, the impugned proceedings are liable to be quashed.

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Learned counsel has relied on judgment of Supreme Court in (2014)6 SCC 466 Narinder Singh and others versus State of Punjab and another and Parbatbhai Aahir alias Parbatbhai

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Bhimsinhbhai Karmur and others versus State of Gujarat and another (2017)9 SCC 641.

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On due consideration to the submission(s) of learned counsel for the petitioner and learned A.G.A., the compromise entered into between the parties as well as the verification report, the judgment in aforesaid cases and perusal of the record, this Court is of the view that the impugned proceedings are liable to be and are hereby quashed.

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The petition is accordingly disposed of.

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Order Date :- 13.9.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.13 16:46:42 IST Reason: Location: High Court of Judicature at Allahabad

Anshu Singh v. State of U.P. and Another

Case brief

What is this about?

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Anshu Singh v. State of U.P. and Another

Case brief

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