Allowed

Anuj Singhal and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC4 Mar 2024/1742/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court quashed a charge sheet and summoning order in a matrimonial dispute. The court found that the parties had entered into a mutual consent divorce and agreed to settle remaining disputes, allowing the applicant to pay a set amount. The proceedings were quashed as they would not serve the ends of justice under the given circumstances.

What did the court decide?

Charge sheet no. 1 of 2015 and summoning order dated 22.01.2015 passed by the learned Special Additional Judicial Magistrate C.B.I.(A.P.) in Case No. 2576 of 2015 are quashed.

Anuj Singhal and 2 Others Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19604

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1742 of 2024 Applicant :- Anuj Singhal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another

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Counsel for Applicant :- Kunwar Ravi Prakash,Neeraj Tripathi,Umesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Prabhjot Kaur

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Hon'ble Subhash Vidyarthi,J.

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A short counter affidavit has been filed on behalf of the opposite party no.2 which is taken on record.

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Heard Sri Kunwar Ravi Prakash, the learned counsel for the applicants and Ms. Charu Singh, the learned A.G.A for the State and Ms. Firdaus, the learned counsel for the opposite party no. 2.

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By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the charge sheet no. 1 of 2015 dated 02.01.2015 arising out of Case Crime No. 77/2014, under Sections 498-A, 323, 406, 504, 506 I.P.C and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Lucknow as well as the summoning order dated 22.01.2015 passed by the learned Special Additional Judicial Magistrate C.B.I.(A.P.), Lucknow in Case No. 2576 of 2015 which is pending before the court of Civil Judge(J.D.)/F.T.C (Crime Against Women) District Lucknow, on the ground that the parties have entered into a compromise.

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A copy of the compromise deed dated 09.02.2024 has been annexed with the affidavit, wherein it has been stated that the applicant no.1 and the opposite party no.2 have decided to get their marriage dissolved by mutual consent and the applicant

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no.1 has agreed to pay Rs. 19 lakhs to the opposite party no2. as settlement amount.

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The opposite party no.2 has filed a short counter affidavit supporting the prayer for quashing of the proceedings and she has stated that a suit under Section 13-B of the Hindu Marriage Act has already been filed on 14.12.2023.

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In view of the aforesaid facts, as the dispute between the parties arose because of matrimonial discord and parties have decided to part their ways by getting a decree for divorce by mutual consent and have already initiated the proceedings thereof and they have agreed to end all their remaining disputes by mutual consent, continuance of proceedings against the applicants in these circumstances will not serves the ends of justice.

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Accordingly, the present petition is allowed and charge sheet no. 1 of 2015 dated 02.01.2015 as well as the summoning order dated 22.01.2015 passed by the learned Special Additional Judicial Magistrate C.B.I.(A.P.), Lucknow in Case No. 2576 of 2015 are hereby quashed.

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(Subhash Vidyarthi,J.)

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Order Date :- 4.3.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Anuj Singhal and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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Anuj Singhal and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

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