Brahma Prakash Dubey and 2 Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

Brahma Prakash Dubey and 2 Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; entire proceedings of Case Crime No. 257/2021 (including the charge sheet dated 01.12.2021 under Sections 498A, 323, 506 IPC and Sections 3/4 DP Act, P.S. Chinhat) quashed; Office/Registry directed to send a copy of the order to the court concerned through email/fax for necessary compliance.

Issue for consideration

Whether the charge sheet dated 01.12.2021 and the entire criminal proceedings in Case Crime No. 257/2021 (Sections 498A, 323, 506 IPC and Sections 3/4 DP Act, P.S. Chinhat, District Lucknow East), arising from a matrimonial dispute in which the parties have entered into a verified compromise, should be quashed under Section 482 Cr.P.C.

Court's answer

Considering the verified compromise, the submissions of counsel, the matrimonial nature of the dispute, and the observations of the Apex Court in the cited decisions, this Court held that the present application is liable to be allowed as the chances of ultimate conviction are extremely bleak and no useful purpose would be served by allowing the criminal proceedings to continue.

Ratio / Principle

Accordingly, the present application was allowed and the entire proceedings of Case Crime No. 257/2021, indicated in the prayer, were quashed.

Detailed headnote1 paragraphs

Criminal proceedings quashed on basis of verified compromise in a matrimonial dispute (Allahabad High Court, Lucknow Bench; Saurabh Lavania, J.; Order Date 6.9.2024; Neutral Citation 2024:AHC-LKO:61428). Applicants Brahma Prakash Dubey and 2 others sought quashing of the charge sheet dated 01.12.2021 in Case Crime No. 257/2021 under Sections 498A, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, P.S. Chinhat, District Lucknow East, via Application U/S 482 No. 7939 of 2024. An earlier application (No. 7000 of 2024) had been referred by this Court (order dt. 08.08.2024) to the trial court, which verified the compromise by order dt. 21.08.2024, the parties admitting a voluntary agreement with signatures verified by their counsels. Relying on Apex Court observations in Ramgopal v. State of M.P., Gian Singh v. State of Punjab, B.S. Joshi, State of M.P. v. Laxmi Narayan, Narindra Singh and allied cases, the Court held that the chances of ultimate conviction were extremely bleak and no useful purpose would be served by continuing the criminal proceedings; the application was allowed and the entire proceedings of Case Crime No. 257/2021 were quashed.

Neutral Citation No. - 2024:AHC-LKO:61428

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7939 of 2024 Applicant :- Brahma Prakash Dubey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suresh Chandra Pandey Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Mrs. Priyanka Tripathi, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record.

Heard learned counsel for the applicants, learned Counsel for opposite party no.2 learned AGA for the State of U.P. and gone through the record.

The present application has been filed for the following main relief:-

"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

I. It is most respectfully that this Hon'ble court may kindly be Quash the Charge Sheet dated: 01.12.2021, Case crime no: 257/2021 U/S 498 A, 323, 506 and 3/4 DP Act, P.S- Chinhat, District: Lucknow East (Commissionerat Lucknow ) contented as a Annexure no. 1 to this petition"

It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 7000 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 08.08.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

It appears from the order dated 21.08.2024 (Annexure No.5) that the trial court has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.

Considering the aforesaid as also the submissions made by learned Counsel for the parties and the nature of dispute which is matrimonial in nature as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (14) SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and

another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 , this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed . Consequently, the entire proceedings of Case Crime No. 257/2021 (Supra) , indicated in the prayer, quoted above, are hereby quashed.

Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

Order Date :- 6.9.2024 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench