Quashed

Anil Kumar Singh Alias Anil Kumar Singh Rathore and Others v. the State of U.P. Thru. Addl. Chief Secy. Home, Civil Secrtt., Lko. and Another

Allahabad HC6 Jul 2023/5772/2023

Case brief

AI extract

What is this about?

The High Court granted protection under Article 226 to quash criminal proceedings instituted against applicants under Sections 498-A and others of the IPC based on a crime dated 2013. The court relied on a verified compromise deed executed on 27.04.2023 and supported by both parties.

What did the court decide?

Entire criminal proceedings against the applicants arising out of Case Crime No.190 of 2013 are hereby quashed.

Anil Kumar Singh Alias Anil Kumar Singh Rathore and… — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43415

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 5772 of 2023

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Applicant :- Anil Kumar Singh Alias Anil Kumar Singh Rathore And Others Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Home, Civil Secrtt., Lko. And Another Counsel for Applicant :- Umang Agarwal Counsel for Opposite Party :- G.A.,Mohan Lal

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Mohan Lal, learned counsel for the opposite party no.2 and perused the record.

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Instant application has been filed with the prayer to quash the Judgment and order dated 20.2.2020 (Annexure No.5) passed by the Additional Chief Judicial Magistrate, Court No.25, Lucknow convicting and sentencing the applicants in Case No.450039 of 2015 arising out of Case Crime No.190 of 2013 under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 of the Dowry Prohibition Act, P.S. Indira Nagar, District Lucknow as well as the proceedings of the Criminal Appeal No.190 of 2020, Phool Vijay Singh & another Vs. The State of U.P. preferred by the applicants nos. 2 and 3 and Criminal Appeal No.192 of 2020, Anil Kumar Singh Rathore Vs. State of U.P. preferred by the applicant no.1, pending in the court of Additional Sessions Judge-16, Lucknow along with the entire proceedings of Case No.450039 of 2015 emanating out of Case Crime No. 190 of 2013 under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 of the Dowry Prohibition Act, P.S. Indira Nagar, District Lucknow.

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Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 27.4.2023. Thereafter, the applicants filed an Application U/S 482 No.4385 of 2023 wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 24.5.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising

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out of Case Crime No.190 of 2013 may be quashed.

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Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the 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 aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 27.4.2023 and said compromise has been verified on 24.5.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.190 of 2013.

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In view of the above, as the applicants and opposite parties have entered into compromise on 27.4.2023 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 Judgments 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 .

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Accordingly, entire criminal proceedings against the applicants arising out of Case Crime No.190 of 2013 is hereby quashed.

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The compromise shall be part of this order.

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The application is allowed accordingly.

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Consigned to records.

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Order Date :- 6.7.2023 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Singh Alias Anil Kumar Singh Rathore and Others v. the State of U.P. Thru. Addl. Chief Secy. Home, Civil Secrtt., Lko. and Another

Case brief

What is this about?

What did the court decide?

Anil Kumar Singh Alias Anil Kumar Singh Rathore and Others v. the State of U.P. Thru. Addl. Chief Secy. Home, Civil Secrtt., Lko. and Another

Case brief

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What did the court decide?

What the court decided

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