Allowed

Dr. Ravi Kumar and 7 Others v. State of U.P. and Another

Allahabad HC4 Aug 2023A482/8681/2021

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. The judgment relies on a mutual settlement and compromise entered between the applicant and the opposite party, finding that no useful purpose would be served in continuing the trial.

What did the court decide?

The proceedings of Case No. 565 of 2014 under Sections 498-A, 323, 504 IPC and Section 3/4 of D.P. Act are quashed.

Dr. Ravi Kumar and 7 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:157170

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 8681 of 2021

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Applicant :- Dr. Ravi Kumar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava

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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 application under section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 565 of 2014, arising out of Case Crime No. 43 of 2013, under Sections 498-A, 323, 504 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, Fatehgarh, District Farrukhabad, pending in the Court of Judicial Magistrate Sadar, Farrukhabad.

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The case was heard on 26.03.2021 and Court has passed the following order:-

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

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It is contended that both the parties have entered into compromise in the court below. It is further submitted that the compromise has been filed before the Court below on 9.3.2021.

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The parties are directed to appear before the court below within a week and the court below shall submit report about verification of compromise to this Court by 15.4.2021.

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List this case on 15.4.2021 before appropriate Court. It shall not be treated as tied up or part heard to this Bench.

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Until the date fixed no coercive action shall be taken against the applicants in Case No. 565 of 2014, arising out of Case Crime No. 43 of 2013, under Sections 498-A, 323, 504 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Farrukhabad. "

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In compliance of order of this Court dated 26.03.2021, Judicial Magistrate, F.T.C. No. 2, Farrukhabad has submitted its report dated 11.04.2023 verifying the compromise entered between the

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parties on 27.03.2023.

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Learned counsel for applicants submitted that parties have entered into compromise and no dispute is remain between the parties as on date. Therefore, in light of compromise, present proceeding may be quashed.

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Learned A.G.A. has not disputed the aforesaid facts and submitted that in case present proceeding is quashed, he would have no objection.

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In view of the facts and circumstances of the case, 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 .

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No order as to costs.

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Order Date :- 4.8.2023 Sartaj

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Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad

Dr. Ravi Kumar and 7 Others v. State of U.P. and Another

Case brief

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Dr. Ravi Kumar and 7 Others v. State of U.P. and Another

Case brief

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