Allowed

Shivam Dubey and 2 Others v. State of U.P. and Another

Allahabad HC24 Feb 2023A482/2113/2022

Case brief

AI extract

What is this about?

The High Court allowed an application to quash criminal proceedings and a charge sheet against the applicants. The quashing was granted based on a verified out-of-court compromise dated 22.12.2021, where the parties settled the dispute amicably, citing established legal precedents on settlement and case quashing.

What did the court decide?

The proceedings of Criminal Case No. 2867 of 2021, the charge sheet dated 29.8.2021, and the cognizance order dated 07.10.2021 are hereby quashed.

Shivam Dubey and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 2113 of 2022

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Applicant :- Shivam Dubey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.,Arvind Kumar

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicants, learned AGA for the State, 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 by the applicants to allow this application and quash the charge sheet dated 29.8.2021 as well as cognizance order dated 07.10.2021 and entire proceedings of Criminal Case No. 2867 of 2021 (State vs. Shivam Dubey and others) arising out of Case Crime No. 46 of 2021 under Sections 498A, 354, 511, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Raipura, District Chitrakoot and all its consequential proceedings on the basis of compromise between the parties dated 22.12.2021.

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Learned counsel for the applicants argued that it is common ground between the parties that the parties have settled the dispute amicably out of court. Learned counsel for the applicants have placed Annexure No. 7 to the afÏdavit in support of this application, which is copy of compromise dated 22.12.2021. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the lower court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

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Learned counsel for the opposite party no. 2 admits the arguments of learned counsel for the applicants and states that he has no objection if the impugned proceeding pending against the applicants is

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quashed.

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In the afÏdavit, the factum of compromise is also stated to have been entered into between the parties.

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The said compromise has been duly verified by the Judicial Magistrate-I, Chitrakoot. The verification report dated 30.4.2022 is part of the record.

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The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed in order to bring peace and cordial relations between the parties.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings, the charge sheet and all consequential proceedings as prayed for by the applicants.

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The present application u/ 482 Cr.P.C. is allowed.

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The proceedings of Criminal Case No. 2867 of 2021 (State vs. Shivam Dubey and others) arising out of Case Crime No. 46 of 2021 under Sections 498A, 354, 511, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Raipura, District Chitrakoot are hereby quashed.

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Order Date : - 24.2.2023 Puspendra

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

Shivam Dubey and 2 Others v. State of U.P. and Another

Case brief

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Shivam Dubey and 2 Others v. State of U.P. and Another

Case brief

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