Allowed

Govind Dixit and 02 Others v. State of Up and Another

Allahabad HC11 Aug 2022A482/2210/2019

Case brief

AI extract

What is this about?

In Application U/s 482 Cr.P.C., the Court quashed proceedings for matrimonial offences after the parties settled their dispute via the Mediation Centre, relying on Supreme Court precedents allowing quashing upon settlement of grievances.

What did the court decide?

Quashed proceeding of Complaint Case No. 421 of 2018 and summoning order dated 01.11.2018. Communication of order directed to concerned court within two weeks.

Govind Dixit and 02 Others Vs State of Up and… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 2210 of 2019

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Applicant :- Govind Dixit And 02 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.,Anil Kumar,Geetam Singh

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Pankaj Kumar Sharma, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the records. Sri Anil Kumar and Sri Geetam Singh learned counsels for the private respondent is not present.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow the present application and quash the entire proceeding of Complaint Case No. 421 of 2018, under Sections 498-A, 504, 506, 406 I.P.C. & under Section 3/4 Dowry Prohibition Act, Police Station Kasganj, District Kasganj as well as the summoning order dated 01.11.2018 passed by Chief Judicial Magistrate, Kasganj. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 31.01.2019 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 23.10.2019 the parties have entered into an settlement dated 23.10.2019 in view of Interim Settlement Agreement dated 18.09.2019 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 23.10.2019 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The reference of the present case is in para no. 7 (e) of the final settlement between the parties so drawn before the Mediation Centre where they have agreed to withdraw the cases going on between them.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

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The present application is allowed.

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The proceedings as well as summoning order dated 01.11.2018 in the aforesaid case are hereby quashed.

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Office is directed to communicate this order to the concerned court within two weeks from today.

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Order Date :- 11.8.2022 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.08.11 17:28:15 IST Reason: Location: High Court of Judicature at Allahabad

Govind Dixit and 02 Others v. State of Up and Another

Case brief

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Govind Dixit and 02 Others v. State of Up and Another

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