Allowed

Bheem Kumar Bind v. State of U.P. and 2 Others

Allahabad HC9 Jan 2023A482/16133/2021

Case brief

AI extract

What is this about?

This application sought quashing of criminal proceedings arising from a dowry-related dispute. The court observed reconciliation and a written compromise between parties, allowing the prosecution despite not fully confirming the falsity of allegations, and proceeded to quash the proceedings.

What did the court decide?

The impugned charge sheet dated 08.01.2008, cognizance order dated 01.04.2015 and entire criminal proceedings in Case No. 2933 of 2015 are quashed.

Bheem Kumar Bind Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 16133 of 2021

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Applicant :- Bheem Kumar Bind Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.,Mohd. Abrar Khan

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Mohd. Waseem, learned counsel for the applicant; learned A.G.A. for the State and Sri Mohd. Abrar Khan, learned counsel for the opposite party no. 2.

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Present 482 Cr.P.C. application has been filed seeking quashing of the impugned charge sheet dated 08.01.2008, cognizance order dated 01.04.2015 as well as the entire criminal proceedings of Case No. 2933 of 2015 (State Vs. Bheem Kumar Bind), arising out of Case Crime No. 13 of 2007, under Sections - 363, 366 and 120-B I.P.C., Police Station - Khanpur, District - Ghazipur, pending in the court of learned Judicial Magistrate, Saidpur, Ghazipur.

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At the outset, it has been submitted by learned counsel for the applicant, no real occurrence had taken place. The criminal prosecution was lodged only because the applicant married opposite party no.3 against the wishes of her family. On the date of occurrence, opposite party no.3 was about 18 years of age.

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As to present, it has been submitted, the parties have been living in matrimony and one child is born from that marriage. The dispute is stated to have reconciled in terms of written compromise dated 28.04.2022, which has been duly verified by the learned CJM, Ghazipur, vide his order dated 28.04.2022.

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In such circumstances, though no useful purpose would be served in allowing the prosecution to continue any further, however, no firm conclusion may be reached, at this stage, as to complete falsity of the allegations made against the applicants. The present 482 Cr.P.C. application thus stands allowed .

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The impugned charge sheet dated 08.01.2008, cognizance order dated 01.04.2015 as well as the entire criminal proceedings of Case No. 2933 of 2015 (State Vs. Bheem Kumar Bind), arising out of Case Crime No. 13 of 2007, under Sections - 363, 366 and 120-B I.P.C., Police Station - Khanpur, District - Ghazipur, pending in the court of learned Judicial Magistrate, Saidpur, Ghazipur is quashed.

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Order Date :- 9.1.2023 Abhilash

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Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad

Bheem Kumar Bind v. State of U.P. and 2 Others

Case brief

What is this about?

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Bheem Kumar Bind v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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