Allowed

Pankaj @ Sunil and 3 Others v. State of U.P. and Another

Allahabad HC4 Oct 2023A482/38567/2022

Case brief

AI extract

What is this about?

The applicant filed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute involving dowry allegations. After mediation successfully resulted in a settlement and agreed withdrawal of cases, the Court exercised its inherent powers to quash the proceedings.

What did the court decide?

The application was allowed; the proceedings in the present case and the summoning order in Complaint Case No. 20272 of 2021 were quashed.

Pankaj @ Sunil and 3 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:190333

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 38567 of 2022

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Applicant :- Pankaj @ Sunil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Piyush Dubey, learned counsel for the applicants and Sri Bade Lal Bind learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants- Pankaj @ Sunil, Raghvendra Sharma, Bhagwandas Sharma and Kamod @ Kumud, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 25.08.2022 in Complaint Case No. 20272 of 2021 (Sushma @ Sulekha Vs. Raghvendra Sharma and others), under Sections 498-A, 323, 504, 506, 452 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Basai Mohammadpur, District Firozabad, pending in the Court of Judicial Magistrate, Firozabad. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 06.02.2023 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 20.08.2023 the parties have entered into settlement dated 20.08.2023 in view of Interim Settlement Agreements dated 18.06.2023 & 16.07.2023 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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As per the office report dated 04.10.2023 a report from the Mediation Centre of this Court is on record.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 20.08.2023 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (j) of the said mediation report.

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The law with regards 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.

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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 proceedings as prayed for by the applicants.

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The present application is allowed.

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The proceedings of the present case as well as the summoning order in the aforesaid case are hereby quashed.

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Order Date :- 4.10.2023 AS Rathore

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(Samit Gopal,J.)

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

Pankaj @ Sunil and 3 Others v. State of U.P. and Another

Case brief

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Pankaj @ Sunil and 3 Others v. State of U.P. and Another

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