Allowed

Vimla Sahgal and Others v. State of Up and Another

Allahabad HC19 Apr 2023A482/3193/2018

Case brief

AI extract

What is this about?

High Court allowed an application under Section 482 Cr.P.C. to quash FIRs under 498A IPC and Dowry Prohibition Act. The court quashed proceedings against matrimonial dispute applicants, noting the husband had already settled and obtained quashing of his case due to amicable settlement.

What did the court decide?

Proceedings arising out of Case Crime No.516 of 2015 under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act were quashed.

Vimla Sahgal and Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3193 of 2018

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Applicant :- Vimla Sahgal And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Kumar Singh Counsel for Opposite Party :- G.A.,Manish Kumar Tripathi

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Hon'ble Vipin Chandra Dixit,J.

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List has been revised. No one is present on behalf of opposite party No.2. Heard learned counsel for applicants and learned AGA for the State, and perused the record.

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It is submitted by learned counsel for the applicants that during pendency of present application, the applicant No.2-Satish Sahgal has died. In view of statement of learned counsel for the applicants, the present application under Section 482 Cr.P.C.on behalf of applicant no.2 is dismissed as abated.

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Learned counsel for the applicants has submitted that it is matrimonial dispute between husband and wife, and applicant nos.1 & 3 who are mother-in-law and brother-in-law of opposite party no.2 respectively, have been falsely implicated in this case. It is further submitted that applicants were living separately from opposite party no.2 and her husband, and applicants had no concern in any manner with the family affairs of husband and wife, but being mother and brother of the husband, they have been falsely roped in this case.

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It is further submitted that husband and wife have amicably settled their dispute outside the Court and a written compromise had taken place which was duly verified by the Court concerned and the connected Application U/S 482 No.3901 of 2020 filed by husband-Pankaj Sehgal has been allowed today i.e. 19.4.2023 and the entire proceedings arising out of Case Crime No.516 of 2015, under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station T.P. Nagar, District Meerut are hereby quashed. Lastly, it is submitted that since husband and wife have amicably settled their dispute and the proceedings against husband have already been quashed, present application under Section 482 Cr.P.C. on behalf of mother and brother of husband, is also liable to be allowed.

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The application under Section 482 Cr.P.C. filed by applicants is allowed and the entire proceedings of State Case No. 197 of 2016 arising out of Case Crime No.516 of 2015, under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station T.P. Nagar, District Meerut, are hereby quashed.

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Order Date :- 19.4.2023 P.P.

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Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Vimla Sahgal and Others v. State of Up and Another

Case brief

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Vimla Sahgal and Others v. State of Up and Another

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