Allowed

Avtar Singh and 2 Others v. State of U.P. Thru.Prin.Secy. Home and Another

Allahabad HC10 Jul 2024/10335/2023

Case brief

AI extract

What is this about?

This order quashed criminal proceedings under Sections 498-A IPC and Dowry Prohibition Act based on a mediation centre report confirming the parties had settled the dispute and agreed to withdraw cases.

What did the court decide?

Complaint Case No.437 of 2022 in Re: Pradeep Kaur Vs. Avtar Singh & Others, under Section 498-A, 506 I.P.C. and Section 3/4 Dowry Prohibition Act is quashed.

Avtar Singh and 2 Others Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46897

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 10335 of 2023

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Applicant :- Avtar Singh And 2 Others Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Opposite Party :- G.A.,Abhinav Singh

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the applicants as well as Shri Abhinav Singh, learned counsel appearing for the opposite party No.2 who has filed his vakalatnama on behalf of complainant-opposite party No.2 which is taken on record.

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The instant application under Section 482 Cr.P.C. has been filed praying for quashing of the impugned summoning order dated 14.06.2022 passed by learned Judicial Magistrate, Court No.5, Lakhimpur Kheri in Complaint Case No.437 of 2022 in Re: Pradeep Kaur Vs. Avtar Singh & Others, under Section 498-A, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhira, District Lakhimpur Kheri along with further proceedings of the case passed in pursuance thereof.

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Learned counsel for the applicants states that after filing of the instant application under Section 482 Cr.P.C., this Court vide order dated 19.10.2023 had referred the matter to the Mediation Centre of this Court.

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It is contended that that all the parties had appeared before the Mediation Centre and the report dated 15.04.2024 has been submitted by the mediation centre of this Court whereby it has specifically been indicated in paragraph 6B that the parties have agreed to withdraw / not pursue the cases filed against each

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other of which one of the case is Complaint Case No.437 of 2022 for which the instant application has been filed.

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Shri Abhinav Singh, learned counsel appearing for the opposite party No.2 also states that the parties have settled the dispute amongst themselves and thus prayed that the Complaint Case No.437 of 2022 be quashed in terms of the settlement agreement dated 15.04.2024.

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Having heard the learned counsels for the parties and perused the record, it emerges that this Court vide order dated 19.10.2023 has referred the matter to the mediation centre of this Court. The mediation centre has submitted its report dated 15.04.2024 which is on record.

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Paragraph 6B of the said settlement agreement states that parties have agreed to withdraw / not pursue the cases filed against each other of which one of the case is Complaint Case No.437 of 2022, under Section 498-A, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhira, District Lakhimpur Kheri.

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The instant application has also been filed praying for quashing of the proceedings of the aforesaid case.

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Considering the report of the mediation centre of this Court and the consensus amongst the parties, the instant application is allowed. The Complaint Case No.437 of 2022 in Re: Pradeep Kaur Vs. Avtar Singh & Others, under Section 498-A, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bhira, District Lakhimpur Kheri is hereby quashed.

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Order Date :- 10.7.2024 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Avtar Singh and 2 Others v. State of U.P. Thru.Prin.Secy. Home and Another

Case brief

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Avtar Singh and 2 Others v. State of U.P. Thru.Prin.Secy. Home and Another

Case brief

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