Allowed

Shailendra Dixit and Another v. State of U.P. and Another

Allahabad HC25 Jul 2023A482/42286/2022

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings under sections 498-A, 323 IPC, and 3/4 D.P. Act arising from a matrimonial dispute. Following a valid compromise between the parties verified by the trial court, the court held that no useful purpose would be served by continuing the prosecution.

What did the court decide?

Quashing of proceedings in Case No. 4496 of 2017 under sections 498-A, 323 IPC and 3/4 D.P. Act.

Shailendra Dixit and Another Vs State of U.P. and… — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:148339

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 42286 of 2022

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Applicant :- Shailendra Dixit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 24.10.2015 and cognizance/ summoning order dated 25.4.2016 as well as entire proceedings of Case No. 4496 of 2017 (State Vs. Shailendra Dixit and others), arising out of Case Crime No. 30/2015, under Sections- 498A, 323 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District- Etawah pending in the court of Civil Judge (J.D.)/ FTC/ Judicial Magistrate, CAW, Etawah.

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Case was heard on 23.1.2023, Court has passed the following order:-

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"Learned counsel for the applicants is present.

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According to him, the parties have arrived at a compromise. The copy of the compromise deed is appended at page 39 of the paper book. As some sections involved are non compoundable, so a direction be issued to the trial court to verify the compromise.

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The parties are directed to appear before the trial court within a period of 15 days from today along with the compromise deed. If the parties appear before the trial court within the stipulated period mentioned above, the trial court shall verify the compromise and pass an appropriate order thereon and transmit the certified copy of the compromise deed along with the order passed thereon to this court within 15 days thereafter.

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List on 1.3.2023 in the additional cause list.

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Till then, no coercive action shall be taken against the applicants in case no. 4496 of 2017, State Vs. Shailendra Dixit and others, under sections 498-A, 323 I.P.C. and 3/4 D.P.Act, police station Mahila Thana District Etawah. "

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Pursuant to the order of this Court dated 23.1.2023, learned Civil Judge (J.D.) F.T.C./ J.M. (Offences against Women), Etawah

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has submitted its report on 10.2.2023 verifying the compromise deed entered into between the parties.

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Learned AGA has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

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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 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 :- 25.7.2023 Arvind

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Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad

Shailendra Dixit and Another v. State of U.P. and Another

Case brief

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Shailendra Dixit and Another v. State of U.P. and Another

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