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Pramod Kumar Chaurasiya @ Pramod Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Allahabad HC5 Oct 2023/4670/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad on an application under Section 482 CrPC quashed criminal proceedings for matrimonial offences. The court noted a successful mediation and settlement agreement between the parties dated 13.09.2023.

What did the court decide?

The complaint Case No. 4868 of 2021 and the order of cognizance dated 09.09.2022 are quashed.

Pramod Kumar Chaurasiya @ Pramod Kumar and Others Vs… — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:64524

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 4670 of 2023

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Applicant :- Pramod Kumar Chaurasiya @ Pramod Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another

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Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A.,Anil Kumar Singh

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Vineet Kumar Chaurasia, learned counsel or the applicants, Smt. Nusrat Jahan, learned A.G.A. for the State, Sri Anil Kumar Singh, learned counsel for opposite party no. 2 and perused the material placed on record.

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Instant application has been filed with prayer to quash the impugned Complaint Case No.- 4868 of 2021 (Re: Shweta Chauraisa Vs. Pramod Kumar & others) U/S.-498A, 323 IPC & 3/4 Dowry Prohibition Act, 1961, Police Station- Sandila, District- Hardoi and the order of cognizance dated 09.09.2022 passed by learned Civil Judge (Senior Division), F.T.C., Hardoi.

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Learned counsel appearing for the applicants submits that vide order dated 24.05.2023, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, both the parties appeared and they have settled their dispute amicably. He next added that the settlement agreement has also been executed between the parties and all the parties signed over there.

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Adding his argument he submits that now there is no dispute in between the parties and further criminal proceedings would be futile exercise and amount to harassment of the applicants and thus, submission is that the criminal proceedings against the present applicants may be quashed.

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Learned counsel appearing for the opposite party no. 2 has also supported the version of learned counsel for the applicants and submits that now there is no grievance remains in between the parties, therefore the criminal proceedings against the present applicants may be dropped.

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Learned counsel for the State has no objection to the submissions aforesaid.

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Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the

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present applicants and opposite party no. 2, thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 13.09.2023.

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This Court further noticed the fact that the Mediation Center has also sent its report dated 13.09.2023 whereby it has been reported that Mediation is successful and completed.

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A copy of the settlement agreement dated 13.09.2023 has also been enclosed along with the report of the Mediator.

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Resultantly, the criminal proceedings of Complaint Case No.4868 of 2021 (Re: Shweta Chauraisa Vs. Pramod Kumar & others) U/S.-498A, 323 IPC & 3/4 Dowry Prohibition Act, 1961, Police Station- Sandila, District- Hardoi and the order of cognizance dated 09.09.2022 passed by learned Civil Judge (Senior Division), F.T.C., Hardoi, are hereby quashed.

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The settlement agreement dated 13.09.2023 shall be the part of this order.

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Consequences to be followed.

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Consigned to record.

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Order Date :- 5.10.2023 Manoj K.

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

Pramod Kumar Chaurasiya @ Pramod Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

Pramod Kumar Chaurasiya @ Pramod Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Case brief

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What did the court decide?

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