Allowed¶15

Vasant Ram and 5 Others v. State of Up and Another

Allahabad HC11 Aug 2022A482/3808/2019

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on settlement; S.482 CrPC; matrimonial dispute; Complaint Case No. 973 of 2017, Ss.498-A, 323, 354-Ka IPC & 3/4 Dowry Prohibition Act, P.S. Rejor, Etah; mediation settlement dated 19.09.2019; husband-wife reunion; reliance on B.S. Joshi (2003)4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303, Shaifullah 2013 (83) ACC 278, Parbatbhai Ahir (2017) 9 SCC 641; Allahabad High Court; Samit Gopal, J.; decided 11.8.2022.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; entire proceedings of Complaint Case No. 973 of 2017 (Sunita Devi Vs. Vasant Ram and 10 others) quashed; Office directed to communicate the order to the concerned court within two weeks. ¶15

Vasant Ram and 5 Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2022)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings of Complaint Case No. 973 of 2017 (Sunita Devi Vs. Vasant Ram and 10 others) under Sections 498-A, 323, 354-Ka IPC and 3/4 D.P. Act should be quashed in view of the settlement arrived at between the parties in mediation.

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Court's answer

The parties have settled their grievances and the dispute arising in the present matter; being husband and wife they have reunited and decided to live together.

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Ratio / Principle

On perusal of the records and the law laid down by the Apex Court, 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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Key takeaways

The application under Section 482 Cr.P.C. is allowed and the proceedings in Complaint Case No. 973 of 2017 are quashed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.) allowed an application under Section 482 Cr.P.C. filed by Vasant Ram and 5 others seeking quashing of the entire proceedings of Complaint Case No. 973 of 2017 (Sunita Devi Vs. Vasant Ram and 10 others) under Sections 498-A, 323, 354-Ka IPC and 3/4 D.P. Act, P.S. Rejor, District Etah. The matter, referred to the Mediation Centre on 18.02.2019, ended in a settlement dated 19.09.2019 (pursuant to an Interim Settlement Agreement dated 25.07.2019) recorded in para 7(f) of the final settlement, whereby the parties agreed to withdraw the cases between them and, being husband and wife, reunited. Relying on B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah and Parbatbhai Ahir (Apex Court authority that cases settled between parties can be quashed), the Court held the case fit for exercise of its powers and quashed the proceedings, directing the Office to communicate the order to the concerned court within two weeks. Order dated 11.8.2022.

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 3808 of 2019

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Applicant :- Vasant Ram And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Learned counsel for the applicants is not present. Sri Ankit Srivastava, learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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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. 973 of 2017 (Sunita Devi Vs. Vasant Ram and 10 others), under Sections 498-A, 323, 354-Ka I.P.C. I.P.C. & 3/4 D.P. Act, Police Station Rejor, District Etah. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of aforesaid case.

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The matter was referred to the Mediation Centre of this Court vide order dated 18.02.2019 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 19.09.2019 the parties have entered into settlement dated 19.09.2019 in view of Interim Settlement Agreement dated 25.07.2019 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 19.09.2019 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 (f) 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. The matter has been settled and the parties being husband and wife have reunited and have decided to live together.

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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 in the aforesaid case is 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 17:28:35 IST Reason: Location: High Court of Judicature at Allahabad

Vasant Ram and 5 Others v. State of Up and Another

Case brief

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Vasant Ram and 5 Others v. State of Up and Another

Case brief

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