Allowed

Smt. Sneh Lata @ Shilpi and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and Another

Allahabad HC26 May 2023/2187/2023

Case brief

AI extract

What is this about?

The High Courtタル Allahabad quashed criminal proceedings involving the applicant under sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act. The court held that since parties executed and verified a compromise deed, no independent right to continue criminal proceedings remained.

What did the court decide?

Proceedings of Criminal Case No.11417 of 2021 arising out of Crime No. 234 of 2021 are hereby quashed.

Smt. Sneh Lata @ Shilpi and Others Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:37659

¶2

Court No. - 28

¶3

Case :- APPLICATION U/S 482 No. - 2187 of 2023

¶4

Applicant :- Smt. Sneh Lata @ Shilpi And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And Another Counsel for Applicant :- Rajendra Prasad Mishra Counsel for Opposite Party :- G.A.,Saurabh Tiwari

¶5

Hon'ble Shree Prakash Singh,J.

¶6

Heard Sri Rajednra Prasad Mishra, learned counsel for the applicants, Sri Girijesh Dwivedi, learned A.G.A. for the State, Sri Saurabh Tiwari, learned counsel for the opposite party no.2 and perused the record.

¶7

By means of the instant application, the applicants have prayed for quashing of the entire proceeding of Criminal Case No.11417 of 2021(State Versus Amit Shukla & Others) pending in the court of Judicial Magistrate, Gonda arising out of Crime No. 234 of 2021, under sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Kotwali Nagar, District-Gonda.

¶8

Learned counsel appearing for the applicants submits that the matter pertains to the matrimonial dispute and due to some misunderstanding the instant FIR was lodged and thereafter the parties were sit together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 01.02.2023. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants.

¶9

Adding his arguments, he also submits that this Hon'ble Court vide order dated 25.04.2023 has

¶10

referred the matter for compromise verification in the instant Application U/S 482 Cr.P.C. No.2187 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the Senior Registrar of this court and the compromise deed dated 01.02.2023 has been verified in presence of all concerned parties and the verification report has been sent by the Senior Registrar of this court vide letter dated 01.05.2023. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No.11417 of 2021 (State of U.P. versus Amit Shukla & Others) arising out of Case Crime No.234 of 2021, under Sections 498-A, 323,504,506 IPC and 3/4 of the Dowry Prohibition Act, Police Station-Kotwali Nagar, District - Gonda, may be quashed.

¶11

On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped.

¶12

On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid.

¶13

Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 01.02.2023 and said compromise has been verified on 01.05.2023 and, now, as per the statement of learned counsel for the applicants the parties do not want to press the aforementioned State versus Amit Shukla and others, arising out of aforementioned Case Crime No. 234 of 2021.

¶14

In view of the above, as the applicants and

¶15

opposite parties have entered into compromise on 01.02.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

¶16

Resultantly, the proceedings of Criminal Case No.11417 of 2021(State Versus Amit Shukla & Others) pending in the court of Judicial Magistrate, Gonda arising out of Crime No. 234 of 2021, under sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police StationKotwali Nagar, District-Gonda, are hereby quashed.

¶17

The compromise deed shall be part of this order.

¶18

Consequences to be followed.

¶19

The application is allowed accordingly.

¶20

Order Date :- 26.5.2023 AKS

¶21

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

Smt. Sneh Lata @ Shilpi and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and Another

Case brief

What is this about?

What did the court decide?

Smt. Sneh Lata @ Shilpi and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. 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

Juvenile 'S' Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Anant Ram @ Lalla Thru. Father Pitam Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Smrati Pandey and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

Shesh Narain Pandey @ Khedu Pandey Vs State of U.P.

Raj Kumar Pal Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Nidhi Gupta Vs State of U.P. Thru. Addil. Chief Secy. Deptt. Home Civil Secrt. Lko. and Another