Allowed

Shivendra Alias Deeshu and 3 Others v. State of U.P. and Another

Allahabad HC17 Nov 2023A482/6823/2023

Case brief

AI extract

What is this about?

This application sought to quash criminal proceedings based on a domestic dispute. The parties had successfully mediated, reached a settlement, withdrawn pending cases, and reunited. Relying on the Supreme Court's settled law regarding quashing upon settlement, the High Court allowed the application and quashed the proceedings.

What did the court decide?

The application under Section 482 Cr.P.C. is allowed and the proceedings of the case as well as the summoning order dated 06.01.2023 are quashed.

Shivendra Alias Deeshu and 3 Others… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:218779

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 6823 of 2023

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Applicant :- Shivendra Alias Deeshu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.,Surendra Yadav,Tahir Husain Farooqui

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Hon'ble Samit Gopal,J.

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List revised.

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Learned counsel for the applicants and Sri Surendra Yadav and Sri Tahir Husain Farooqui, learned counsels for the opposite party no.2 are not present. Sri Ram Prakash Shkla. learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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The present application under Section 482 Cr.P.C. has been filed by the applicants- Shivendra Alias Deeshu, Manju Devi, Nagendra Singh and Dipti, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 06.01.2023 in Complaint Case No. 299 of 2022 (Priya Vs. Shivendra), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Aunchha, District Mainpuri, pending in the Court of Civil Judge (J.D.) Court No.5, Mainpuri. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case.

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The matter was referred to the Mediation Centre of this Court vide order dated 02.03.2023 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 12.10.2023 the parties have entered into settlement dated 12.10.2023 in view of Interim Settlement dated 10.08.2023 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 16.11.2023 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 12.10.2023 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

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between them, the said fact is mentioned in para 7 (f) of the said mediation report. The matter has been settled and the parties being husband and wife have reunited and have decided to live together.

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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 are hereby quashed.

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Order Date :- 17.11.2023 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

Shivendra Alias Deeshu and 3 Others v. State of U.P. and Another

Case brief

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Shivendra Alias Deeshu and 3 Others v. State of U.P. and Another

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