Allowed

Alok Dubey and Others v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Allahabad HC21 Jul 2023/4243/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court (Lucknow Bench) quashed a charge-sheet and a summoning order. The court noted that the underlying matrimonial dispute had been amicably settled through mediation, rendering further criminal proceedings unnecessary.

What did the court decide?

Charge-sheet dated 21.02.2021 in Crime No.496 of 2020 and summoning order dated 26.07.2021 in Criminal Case No.387 of 2021 are quashed.

Alok Dubey and Others Vs State of U.P. Thru. Addl… — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48193

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 4243 of 2021

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Applicant :- Alok Dubey And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home. Lko And Another

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Counsel for Applicant :- Sadhu Sharan Chaubey,Abha Srivastava Counsel for Opposite Party :- G.A.,Lalit Kumar Tewari,Sarvesh Kumar Shukla

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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 charge-sheet dated 21.02.2021 filed in Case Crime No.496 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Para, District Lucknow as well as summoning order dated 26.07.2021 passed in Criminal Case No.387 of 2021.

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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 17.11.2021 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 20.01.2023 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-6 of the settlement agreement dated 20.01.2023.

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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 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6

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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 20.01.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed and charge-sheet dated 21.02.2021 filed in Case Crime No.496 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Para, District Lucknow as well as summoning order dated 26.07.2021 passed in Criminal Case No.387 of 2021 are hereby quashed .

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Order Date :- 21.7.2023

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Amit/-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Alok Dubey and Others v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Case brief

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Alok Dubey and Others v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Case brief

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