Allowed

Anurag Singh and Another v. State of Up. and Another

Allahabad HC19 May 2023A482/4607/2020

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act. The court relied on a verified compromise deed filed by the parties, noting their free will settlement, and cited multiple Supreme Court precedents to order the quashing of the trial.

What did the court decide?

Quashing of the entire criminal proceeding of Case No. 4041 of 2019 arising out of Case Crime No. 746 of 2018.

Anurag Singh and Another Vs State of Up. and Another — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:109994

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 4607 of 2020

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Applicant :- Anurag Singh And Another Opposite Party :- State Of Up. And Another Counsel for Applicant :- Raj Kumar Singh,Krishna Gopal Counsel for Opposite Party :- G.A.,Virendra Kumar Pandey

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State, and perused the material available on record.

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Learned counsel for the private respondent no. 2 is not present.

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Supplementary affidavit has been filed today, annexing therewith the copy of the compromise verification report, which is taken on record

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The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of Case No. 4041 of 2019, arising out of Case Crime No. 746 of 2018, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D. P. Act, pending in the court of CJM, District Bareilly on the basis of the compromise entered into between the parties.

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The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the court below. Thereafter, this Court, vide order 04.11.2022, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

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Learned counsel for the applicants have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 06.01.2023, kept on record of this case.

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In the present case, the sections involved are Sections 498A, 323, 504, 506 IPC and Section 3/4 D. P. Act.

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In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 06.01.2023 to the extent that the parties

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and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

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Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of Case No. 4041 of 2019, arising out of Case Crime No. 746 of 2018, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D. P. Act, pending in the court of CJM, District Bareilly are hereby quashed.

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Accordingly, the instant petition is allowed.

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Order Date :- 19.5.2023 RavindraKSingh

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Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Anurag Singh and Another v. State of Up. and Another

Case brief

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Anurag Singh and Another v. State of Up. and Another

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