Allowed

Ashutosh Agrawal and Another v. State of U.P. and Another

Allahabad HC15 Dec 2022A482/27740/2022

Case brief

AI extract

What is this about?

The Hon'ble Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings for offences under Sections 498A, 323 IPC and D.P. Act. The Court relied on a compromise dated 21.03.2022 filed by the opposite party and the view that the dispute was personal in nature and settled.

What did the court decide?

Set aside the proceedings of Criminal Case No.1182 of 2022 including the Charge-sheet and Order taking Cognizance/Summoning.

Ashutosh Agrawal and Another Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

¶1

Court No. - 87

¶2

Case :- APPLICATION U/S 482 No. - 27740 of 2022

¶3

Applicant :- Ashutosh Agrawal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Mehrotra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dr. Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

The present 482 Cr.P.C. application has been filed praying for quashing of entire proceedings of Criminal Case No.1182 of 2022 (State Vs. Ashutosh) arising out of Case Crime No.60 of 2021, under Sections 498A, 323 I.P.C. and 3/4 D.P. Act, Police Station- Khuldabad, District- Prayagraj/Allahabad pending in the Court of learned Additional Chief Judicial Magistrate, Court No.7, Allahabad including the Charge-sheet being Chargesheet No.362 of 2021 dated 25.05.2021, under Sections 498A, 323 I.P.C. and 3/4 D.P. Act, Police StationKhuldabad, District- Prayagraj/Allahabad as well as order taking Cognizance/Summoning dated 04.05.2022 passed by the learned Additional Chief Judicial Magistrate, Court No.7, Allahabad

¶7

Learned counsel for the applicants submits that the present dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2. The present criminal case has been lodged against the applicant no.1 and his other family members but that no real criminal offence had actually occurred.

¶8

It is thus submitted that the present criminal prosecution has been lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties, with passage of time they have been able to resolve their differences and they are living together as husband and wife.

¶9

He further submits, at present, the opposite party no. 2 does not wish to press charge against the applicants.

¶10

Learned A.G.A. does not dispute the correctness of the submission made by learned counsel for the applicants. In fact, in the Compromise dated 21.03.2022 filed by the opposite party no. 2, she has supported the contention advanced by learned counsel for the applicants.

¶11

Paragraph no.10 of the said Compromise dated 21.03.2022 reads as under :

¶12

"-Both the parties have settled their dispute amicably and now they are free to live their life with their own free will as well as they are also free to solemnize their second marriage"

¶13

In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 21.03.2022 , therefore, no useful purpose would be served in proceeding with the matter further.

¶14

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another ), the proceedings of the aforesaid case is hereby set aside.

¶15

The present application is accordingly allowed . Order Date :- 15.12.2022 Sachin/-

¶16

Digitally signed by SACHIN TIWARI Date: 2022.12.19 12:11:53 IST Reason: Location: High Court of Judicature at Allahabad

Ashutosh Agrawal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashutosh Agrawal and Another 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukul Yadav Vs State of U.P. and Another

Rajesh Ahirwar Vs State of U.P. and Another

Matloob Vs State of U.P. and Another

Mahendra Kumar Vs State of U.P. and Another

Haji Anees and Another Vs State of U.P. and Another

Babloo Yadav Vs State of U.P. and Another