Allowed¶14

Jitendra Yadav @ Bablu and 4 Others v. State of U.P. and Another

Allahabad HC2 Aug 2023A482/37282/2022

Case brief

AI extract

What is this about?

Section 482 CrPC quashing of charge sheet, cognizance and summoning order on basis of mediation compromise in matrimonial dispute; Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act; case crime No.57 of 2021, P.S. Mahila Thana, Gorakhpur; Criminal Case No. 33237 of 2022; parties living together after settlement; reliance on B.S. Joshi, Nikhil Merchant, Gian Singh, Narinder Singh (Apex Court); applicant Jitendra Yadav @ Bablu; Allahabad High Court, decided 2.8.2023.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; proceedings of Criminal Case No. 33237 of 2022 (including charge sheet dated 2.5.2022 and cognizance/summoning order dated 6.9.2022) quashed; no order as to costs. ¶14

Jitendra Yadav @ Bablu and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2023)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 2.5.2022, cognizance and summoning order dated 6.9.2022 in Criminal Case No. 33237 of 2022, arising out of case crime No.57 of 2021 (Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act), should be quashed in view of the compromise arrived at between the parties during mediation.

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Court's answer

Since the matter has been mutually settled between the parties and neither the applicants nor opposite party no.2 wants to pursue the case any further, no useful purpose would be served in proceeding with the matter further.

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Ratio / Principle

In view of the well-settled principle of law laid down by the Hon'ble Apex Court in B.S. Joshi Vs. State of Haryana, Nikhil Merchant Vs. Central Bureau of Investigation, Gian Singh Vs. State of Punjab and Narinder Singh & others Vs. State of Punjab, the proceedings of Criminal Case No. 33237 of 2022 are quashed.

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Detailed headnote1 paragraphs

Allahabad High Court (Neeraj Tiwari, J.) allowed an application under Section 482 Cr.P.C. and quashed the charge sheet dated 2.5.2022, cognizance and summoning order dated 6.9.2022 in Criminal Case No. 33237 of 2022 (State vs. Jitendra Yadav @ Bablu & others), arising out of case crime No.57 of 2021 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gorakhpur, pending before the Chief Judge (J.D.)/FTC (Crime against Women), Gorakhpur. The Court had referred the matter to the Mediation Centre by order dated 2.12.2022; the Mediation Centre report dated 25.3.2023 recorded that mediation was completed, the parties entered into a compromise, were living together and did not want to pursue the criminal proceedings against each other. Holding that no useful purpose would be served in proceeding further with a mutually settled matter, and relying on B.S. Joshi Vs. State of Haryana (2003(4) SCC 675), Nikhil Merchant Vs. Central Bureau of Investigation (J.T. 2008 SC 192), Gian Singh Vs. State of Punjab ((2012) 10 SCC 303) and Narinder Singh & others Vs. State of Punjab ((2014) Supreme Today 642), the Court quashed the proceedings and allowed the application with no order as to costs.

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Neutral Citation No. - 2023:AHC:154994

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 37282 of 2022

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Applicant :- Jitendra Yadav @ Bablu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Sri Ashish Kumar, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State and Sri Ashish Kumar, learned counsel for the opposite party no.2.

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By means of instant application under Section 482 Cr.P.C, the applicants have assailed the charge sheet dated 2.5.2022, cognizance as well as summoning order dated 6.9.2022 in Criminal Case No. 33237 of 2022 (State vs. Jitendra Yadav @ Bablu & others), arising out of case crime No.57 of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police StationMahila Thana, District- Gorakhpur pending in the court of Chief Judge (J.D.)/FTC (Crime against Women), Gorakhpur.

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Learned counsel for the applicants submitted that this Court vide order dated 2.12.2022 referred the matter to Mediation Centre and ultimately parties have entered into compromise. Agreement to the same was also recorded before the Mediation Centre. Report of Mediation Centre is prepared on 25.3.2023. He lastly submitted that in light of compromise entered between the parties, proceedings may be quashed for which Sri Ashish Kumar, learned counsel for the opposite party no.2 has no objection.

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I have perused the report of Mediation Centre dated 25.3.2023. From perusal of the same, mediation has been completed and in terms of agreement dated 25.3.2023, parties have entered into compromise and living together. Further, they do not want to pursue the criminal proceedings against each other.

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In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter

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has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another ), the proceedings of the aforesaid case is hereby quashed.

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The present application is, accordingly allowed. No order as to costs.

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Order Date :- 2.8.2023 Junaid

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Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad

Jitendra Yadav @ Bablu and 4 Others v. State of U.P. and Another

Case brief

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Jitendra Yadav @ Bablu and 4 Others v. State of U.P. and Another

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