Allowed

Abhishek Singh v. State of U.P. Thru. Secy. Home Civil Secrett. Lko. and Another

Allahabad HC26 Jul 2023/1611/2023

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings under Sections 498A IPC, Dowry Prohibition Act, and cognate sections. The quashing was granted due to a verified compromise between parties, citing that no useful purpose would be served in further proceedings.

What did the court decide?

Application allowed; entire criminal proceedings of Criminal Case No. 15206 of 2022 relating to Case Crime No.0155 of 2022 under Sections 498A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act is qu

Abhishek Singh Vs State of U.P. Thru. Secy. Home Civil… — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:50612

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 1611 of 2023

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Applicant :- Abhishek Singh Opposite Party :- State Of U.P. Thru. Secy. Home Civil Secrett. Lko. And Another Counsel for Applicant :- Arjun Singh Somvanshi Counsel for Opposite Party :- G.A.,Ramkripal Yadav

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Hon'ble Rajeev Singh,J.

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Heard, learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No.15206 of 2022, relating to Case Crime No.0155 of 2022, under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi.

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Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 17.2.2023 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the learned C.J.M. Hardoi, verify the contents of compromise and it was duly verified.

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Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 06.03.2023.

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Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.

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Hon'ble Apex Court in catena of decisions has

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held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

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In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

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For the discussions made above, the present application is allowed and entire criminal proceedings of Criminal Case No.15206 of 2022, relating to Case Crime No.0155 of 2022, under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali City, District Hardoi, is hereby quashed .

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Order Date :- 26.7.2023 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Singh v. State of U.P. Thru. Secy. Home Civil Secrett. Lko. and Another

Case brief

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Abhishek Singh v. State of U.P. Thru. Secy. Home Civil Secrett. Lko. and Another

Case brief

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