Allowed

Mithilesh Kumar Mishra @ Mithlesh Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and 2 Others

Allahabad HC26 Jul 2023/3182/2023

Case brief

AI extract

What is this about?

In an Application under Section 482 Cr.P.C., the Allahabad High Court quashed criminal proceedings regarding matrimonial disputes Sections 498A IPC, Dowry Prohibition Act after parties reached a settlement via the Court’s Mediation and Conciliation Centre, noting no useful purpose would be served by further proceedings.

What did the court decide?

The entire criminal proceedings including complaint, summoning order, and revisional order are quashed.

Mithilesh Kumar Mishra @ Mithlesh Kumar Mishra Vs… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:50603

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 3182 of 2023

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Applicant :- Mithilesh Kumar Mishra @ Mithlesh Kumar Mishra

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And 2 Others

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Counsel for Applicant :- Arvind Kumar Verma Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh,Rajesh Kumar Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, 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 Complaint Case No.996 of 2016 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sampurna Nagar, District Lakhimpur Kheri, summoning order dated 23.11.2016 and impugned revisional order dated 13.2.2023 passed by learned Additional Sessions Judge, Court No.1, Lakhimpur Kheri.

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It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 4.4.2023 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para 7 of the settlement agreement dated 26.04.2023.

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Hon'ble Apex Court in catena of decisions has 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

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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 has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

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Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 26.4.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Complaint Case No.996 of 2016 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sampurna Nagar, District Lakhimpur Kheri, summoning order dated 23.11.2016 and impugned revisional order dated 13.2.2023 passed by learned Additional Sessions Judge, Court No.1, Lakhimpur Kheri, are 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

Mithilesh Kumar Mishra @ Mithlesh Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Mithilesh Kumar Mishra @ Mithlesh Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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