Allowed

Uma Shankar Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. U.P. and Another

Allahabad HC12 Jul 2023/4452/2022

Case brief

AI extract

What is this about?

The court quashed criminal proceedings and a summoning order in a matrimonial dispute following a mediated settlement agreement between the parties. It held that no useful purpose would be served in continuing the trial where the dispute has been amicably resolved.

What did the court decide?

The entire proceedings of Complaint Case No.34224 of 2021 and the impugned summoning order dated 16.12.2021 are quashed.

Uma Shankar Prasad and Others Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:45288

¶2

Court No. - 12

¶3

Case :- APPLICATION U/S 482 No. - 4452 of 2022

¶4

Applicant :- Uma Shankar Prasad And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. U.P. And Another

¶5

Counsel for Applicant :- Vaibhav Gupta,Rakesh Kumar Counsel for Opposite Party :- G.A.,Abdul Alim Khan,Santosh Kumar Mishra

¶6

Hon'ble Rajeev Singh,J.

¶7

Heard Sri Sandeep Kannojiya, Advocate holding brief of Sri Vaibhav Gupta, learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

¶8

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings Complaint Case No.34224 of 2021, u/s 323, 504, 506, 427 IPC, P.S. Prayagpur, District Bahraich and to set aside the impugned summoning order dated 16.12.2021 passed by learned Additional Chief Judicial Magistrate, Bahraich as well as to stay further proceeding of aforesaid Complaint Case No.34224 of 2021 during the pendency of this application.

¶9

It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 15.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 18.04.2023 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- 7 of the settlement agreement dated 18.04.2023.

¶10

Hon'ble Apex Court in catena of decisions has held that

¶11

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.

¶12

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.

¶13

Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 18.04.2023 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire proceedings of Complaint Case No.34224 of 2021, u/s 323, 504, 506, 427 IPC, P.S. Prayagpur, District Bahraich and the impugned summoning order dated 16.12.2021 passed by learned Additional Chief Judicial Magistrate, Bahraich are hereby quashed .

¶14

Order Date :- 12.7.2023 Arpan

¶15

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

Uma Shankar Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. U.P. and Another

Case brief

What is this about?

What did the court decide?

Uma Shankar Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. U.P. 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

Abdul Naeem Khan @ Naeem and Another Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Another

Ramsewak Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Another

Kashmir Singh Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Others

Babita Tripathi Alias Babita Vs State of U.P Thru. Secy. Home Deptt. Sectt. Lko

Nusrat @ Nusrat Jahan and Others Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

Shiv Vrat Raghuvanshi Vs State of U.P. Thru. Secy. Home and Another