Allowed

Ankit Kumar v. State of U.P. and Another

Allahabad HC11 May 2023A482/5391/2023

Case brief

AI extract

What is this about?

In this Section 482 CrPC application, the High Court quashed the proceedings of Computer Case No. 10033 of 2021 arising from an FIR under Section 376 IPC and Dowry Prohibition Act. The court found that the parties had settled their dispute amicably via a verified compromise deed filed before the trial court. Relying on Apex Court precedents, the court held that the proceedings are quashable as the

What did the court decide?

Quashed the entire proceedings of Computer Case No.10033 of 2021 arising out of FIR No.0070 of 2019 under Section 376 IPC and Dowry Prohibition Act.

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

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Neutral Citation No. - 2023:AHC:102840

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 5391 of 2023

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Applicant :- Ankit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.,Perdeep Kumar Vishnoi

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Hon'ble Shekhar Kumar Yadav,J.

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Short Counter affidavit as well as supplementary affidavit along with compromise verification report dated 01.05.2023 have been filed by the applicant today in the Court, the same are taken on record.

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Heard Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Pradeep Kumar Vishnoi, learned counsel for opposite party no. 2 as well as perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceedings of Computer Case No.10033 of 2021 (State Vs. Punit and others) arising out of FIR No.0070 of 2019, under Section 376 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad on the basis of compromise arrived between the parties.

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Opposite party no.2 stated in paragraph 9 of the short counter affidavit that she has already solemnized marriage along with Nishant Chaudhary and living with him peacefully as husband and wife and she does not want to proceed

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further against the applicant and she has no objection to quash the criminal proceedings initiated by her.

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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 14.02.2023, 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 parties 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 01.05.2023, copy of the same is annexed as Annexure No.1 to the supplementary affidavit.

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In the present case, the section involved are Section 376 I.P.C. and 3/4 Dowry Prohibition 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 07.12.2022 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by freewill.

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Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.

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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.

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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 Computer Case No.10033 of 2021 (State Vs. Punit and others) arising out of FIR No.0070 of 2019, under Section 376 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad are hereby quashed.

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Accordingly, the instant application is allowed.

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Order Date :- 11.5.2023 Krishna*

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

Ankit Kumar v. State of U.P. and Another

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Ankit Kumar v. State of U.P. and Another

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