Allowed

Devesh Kumar and 2 Others v. State of U.P. and Another

Allahabad HC4 Oct 2023A482/42777/2022

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings for matrimonial offences. Court allowed prayer based on mediation report confirming amicable settlement and withdrawal of cases between parties, relying on settled Supreme Court law regarding quashing upon settlement.

What did the court decide?

Proceedings in Case Crime No. 436 of 2021 under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act are quashed.

Devesh Kumar and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191729

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 42777 of 2022

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Applicant :- Devesh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Venu Gopal,Parijat Kumar Tiwari Counsel for Opposite Party :- G.A.,Bhanu Pratap Pal

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Venu Gopal, learned counsel for the applicants, Sri Bhanu Pratap Pal, learned counsel for the opposite party no. 2 and Sri Ram Prakash Shukla, learned counsel for the State.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow the present application and quash the entire proceedings in Case Crime No. 436 of 2021, State Versus Devesh Kumar and others, under sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Subhash Nagar, District Bareilly, pending in the court of Civil Judge (Sr. Div.)/F.T.C., District Bareilly and with the further prayer to stay the further proceedings of 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 25.04.2023 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 17.08.2023, the parties have amicably settled their dispute and agreed to withdraw the cases going on between them.

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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 17.08.2023 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7-e 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 applicant(s).

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The present application is allowed.

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The further proceedings of Case Crime No. 436 of 2021, State Versus Devesh Kumar and others, under sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Subhash Nagar, District Bareilly, pending in the court of Civil Judge (Sr. Div.)/F.T.C., District Bareilly, is hereby quashed.

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Office is directed to communicate this order to the concerned court within two weeks from today.

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(Order on Criminal Misc. Amendment Application No. 2 of 2023)

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This is an application for amendment in the array of parties filed by the opposite party no. 2. He prays that the same be dismissed as not pressed. He shall pursue the matter at the appropriate forum.

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Prayer is allowed.

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The amendment application is dismissed as not pressed.

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Order Date :- 4.10.2023 K.K. Maurya

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(Samit Gopal,J.)

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Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad

Devesh Kumar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Devesh Kumar and 2 Others v. State of U.P. and Another

Case brief

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