Allowed

Ashwini Kaushal v. State of U.P. and Another

Allahabad HC4 Dec 2023A482/28190/2016

Case brief

AI extract

What is this about?

In an application u/s 482 Cr.P.C., the Allahabad High Court allowed the quashing of criminal proceedings instituted against the applicant arising from matrimonial disputes due to a settled compromise between the parties.

What did the court decide?

The entire proceedings of Criminal Case No. 34345 of 2016 pending before the Chief Metropolitan Magistrate, Kanpur Nagar, are quashed.

Ashwini Kaushal Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:229730

¶2

Court No. - 88

¶3

Case :- APPLICATION U/S 482 No. - 28190 of 2016

¶4

Applicant :- Ashwini Kaushal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Mishra,Jagat Narain Mishra,Prem Shankar Kushwaha Counsel for Opposite Party :- G.A.,Ajay Singh,Ramesh Chandra Agrahari,Yadvesh Yadav

¶5

Hon'ble Vinod Diwakar,J.

¶6

Heard Shri K.D. Mishra, learned counsel for the applicant, Shri Ajay Singh, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the entire record including the compromise verification report of the court concerned.

¶7

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 34345 of 2016 titled as State v. Ashwani Kaushal arising out of Case Crime No. 113 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Chakeri, District Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar.

¶8

It is submitted by learned counsel for the applicant that applicant-Ashwani Kaushal had filed First Appeal No. 369 of 2022 titled as Ashwani Kaushal v. Smt. Mukta Singh, which was allowed by the Division Bench of this Court vide order dated 28.11.2023, in terms of compromise. It is submitted that in view of the aforesaid order dated 28.11.2023, the present application may also be allowed. Copy of order dated 28.11.2023 is annexed as Annexure No. 6 to the supplementary affidavit dated 02.12.2023.

¶9

Learned counsel for the opposite party no. 2 could not disputed the aforesaid facts.

¶10

I have considered the submissions made by the learned counsel for the parties and have gone through the order dated 28.11.2023 passed in First Appeal No. 369 of 2022.

¶11

Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the

¶12

criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak and thus no fruitful purpose would be served.

¶13

In view of the above, the application under Section 482 Cr.P.C. is allowed .

¶14

The entire proceedings of Criminal Case No. 34345 of 2016 titled as State v. Ashwani Kaushal arising out of Case Crime No. 113 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Chakeri, District Kanpur Nagar, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar, against the applicant, are hereby quashed.

¶15

Order Date :- 4.12.2023 Shafique

¶16

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Ashwini Kaushal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashwini Kaushal v. State of 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kalawati Devi and Another Vs State of U.P. and Another

Om Prakash Yadav Vs State of U.P. and 4 Others

Shiv Kumar Pandey @ Munna Pandey Vs State of U.P. and 2 Ors.

Mustafa Khan Vs State of U.P. and Another

Ramashray Rai and Another Vs State of U.P. and Another

Mohd. Raza and 2 Others Vs State of U.P. and Another