Allowed

Vijay Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC16 Apr 2024/3377/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings filed on matrimonial charges. Based on a post-filing compromise amicably settled by parties and verified by the trial court, the court held that continuing proceedings would be futile, relying on Supreme Court precedents.

What did the court decide?

Quashing of the impugned charge sheet dated 23.04.2022, the entire criminal proceeding in Case No.32295 of 2022, and the cognizance order dated 01.08.2022.

Vijay Singh and 3 Others Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30170

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 3377 of 2024

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Applicant :- Vijay Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

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Counsel for Applicant :- Saurabh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and Shri H.B.Singh, Advocate, who has filed Vakalatnama on behalf of respondent nos.2 and 3, which is taken on record. The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the impugned charge sheet dated 23.04.2022 filed against the applicants under Sections 498A, 323, 507, 376, 511, 419, 420 I.P.C. and 3/4 D. P. Act in Case Crime No.27 of 2021 "State of U.P. vs. Victoriya Singh and others", Police Station Mahila Thana, Raebareli and also quashing the entire criminal proceeding of Case No.32295 of 2022 arising out of Case Crime No.27 of 2021 as well as cognizance order dated 01.08.2022.

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Learned counsel for the applicants submits that the parties were having matrimonial dispute between them. The same has been amicably settled outside the court by way of compromise. The copy of the compromise is on record as Annexure-5 to the application. On the basis of the said compromise, earlier the applicants have filed Application U/S 482 No.329 of 2023 before this court in which vide order dated 25.5.2023 the matter was sent to learned trial court for verification of compromise in the presence of parties.

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Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court,

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parties had appeared before the trial court, who in the presence of the parties has verified the compromise entered between the parties vide its order dated 7.2.2024. The copy of the verification report dated 7.2.2024 is on record as Annexure-6 to the application.

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Learned counsel for respondent no.2 and 3 concedes the argument made by learned counsel for the applicants. Learned A.G.A. has also no objection if the impugned proceedings are quashed.

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Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by the trial court and the verification report is on record as well as considering the ratio laid down by the Hon'ble Supreme Court in the cases (supra), it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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Accordingly, the present petition is allowed and the impugned charge sheet dated 23.04.2022 filed against the applicants under Sections 498A, 323, 507, 376, 511, 419, 420 I.P.C. and 3/4 D. P. Act in Case Crime No.27 of 2021 "State of U.P. vs. Victoriya Singh and others", Police Station Mahila Thana,

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Raebareli and also the entire criminal proceeding of Case No.32295 of 2022 arising out of Case Crime No.27 of 2021 as well as cognizance order dated 01.08.2022, are hereby quashed.

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Order Date :- 16.4.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Vijay Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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Vijay Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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