Disposed

Anil Kumar Singh v. State of U.P. Thru.Secy. Home Deptt. and Another

Allahabad HC15 Feb 2023/1455/2023

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash FIR filed in a matrimonial dispute alleging false implication. Applicant submitted compromise deed. High Court stayed proceedings and directed trial court to verify compromise. If verified, application to be filed again for quashing.

What did the court decide?

Stayed proceedings for one month; directed trial court to verify compromise deed before proceeding on application.

Anil Kumar Singh Vs State of U.P. Thru.Secy. Home… — Matrimonial and Divorce | Allahabad HC (2023)

¶1

Court No. - 27

¶2

Case :- APPLICATION U/S 482 No. - 1455 of 2023

¶3

Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P. Thru.Secy. Home Deptt. And Another Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shree Prakash Singh,J.

¶5

Sri Siddharth Chuaudhary,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

¶6

Heard learned counsel for the applicant, Sri Siddharth Chaudhary, learned counsel for opposite party no. 2, Sri Anirudh Kumar Singh, learned A.G.A. for the State and perused the record.

¶7

The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of the impugned F.I.R. dated 12-042016, registered as Case Crime No. 101/2016, under sections 498-A/323/504/506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Hasanganj, District-Unnao.

¶8

Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added the dispute is of matrimonial in nature and due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 08-01-2023, which has been annexed as annexure no. 5 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

¶9

On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and

¶10

submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

¶11

Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

¶12

Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

¶13

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

¶14

The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

¶15

For a period of one month, the proceedings initiated in pursuance of the entire proceedings of the impugned F.I.R. dated 12-04-2016, registered as Case Crime No. 101/2016, under sections 498A/323/504/506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Hasanganj, DistrictUnnao, shall remain stayed so far as applicant is concerned.

¶16

The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.

¶17

Order Date :- 15.2.2023 AKS

¶18

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Singh v. State of U.P. Thru.Secy. Home Deptt. and Another

Case brief

What is this about?

What did the court decide?

Anil Kumar Singh v. State of U.P. Thru.Secy. Home Deptt. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anshul Mishra Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Ram Newej @ Ram Niwas and Another Vs State of U.P. Thru.Prin.Secy. Home and Another

Yogesh Kumar Shukla Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Rajni Tripathi and Anr. Vs State of U.P. through Learned Principal Judge Family COURTandA

Mohd. Ahmad @ Kallu Vs State of U.P. Thru. Prin. Secy. Home Lko.and Anr.

Upendra Kumar Gautam and Others Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another