Allowed

Moinuddin and 2 Others v. State of U.P. Thru. Prin. Secy. Homes Lko. and Another

Allahabad HC2 Aug 2024/850/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 CrPC to quash criminal proceedings involving allegations of cruelty and dowry harassment. Relying on a mediation settlement agreement and citing numerous precedents, the court held that conviction chances were bleak and continued proceedings served no useful purpose.

What did the court decide?

The present application allowed; entire proceedings arising out of the indicated FIR/Case Crime No. quashed.

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

¶1

Neutral Citation No. - 2024:AHC-LKO:53086

¶2

Court No. - 13

¶3

Case :- APPLICATION U/S 482 No. - 850 of 2024

¶4

Applicant :- Moinuddin And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko. And Another Counsel for Applicant :- Ashish Kumar Shukla Counsel for Opposite Party :- G.A.,Pankaj Kumar Shukla

¶5

Hon'ble Saurabh Lavania,J.

¶6

Heard.

¶7

Instant application under Section 482 Cr.P.C. has been preferred by the applicants with prayer for quashing the impugned cognizance / summoning order dated 06.8.2022 passed by the Addl. Chief Judicial Magistrate, Kunda, District Pratapgarh on Charge-sheet no. 102 of 2022 dated 30.06.2022 registered as Case No. 2949 of 2022 (State vs. Moinuddin and others) arising out of Case Crime No. 74 of 2022 under section 498A, 323, 506 IPC and section 3/4 D.P. Act, P.S. Hathigawan, District Pratapgarh pending in the court of Addl. Chief Judicial Magistrate, Kunda, District Pratapgarh, including the entire proceedings of said complaint case.

¶8

On the basis of the submissions made by the learned counsel for the parties, this Court vide order dated 22.02.2024, has referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties.

¶9

In compliance of earlier order of this Court dated 22.02.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 26.07.2024 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned 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.

¶10

Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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

¶11

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 as also the nature of dispute/crime, 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 arising out of FIR No./Case Crime No. , indicated in the prayer, quoted above, are hereby quashed.

¶12

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

¶13

Order Date :- 2.8.2024 Mohit Singh/-

¶14

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Moinuddin and 2 Others v. State of U.P. Thru. Prin. Secy. Homes Lko. and Another

Case brief

What is this about?

What did the court decide?

Moinuddin and 2 Others v. State of U.P. Thru. Prin. Secy. Homes Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rakesh Kumar @ Balley and Others Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Lal Bahadur Yadav and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Sushil Kumar Sharma and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Ravi Gupta and Others Vs the State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Vijay Kumar Maurya and Others Vs State of U.P. and Another

Shiv Shanker and Ors. Vs State of Up and Anr.