Allowed

Snehil Singh and Others v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Allahabad HC8 Feb 2024A482/1185/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of a chargesheet in a dowry/cruelty case. The parties settled by compromise dated 04.02.2024, verified by the Senior Registrar. Following Supreme Court precedents on quashing after settlement, the Court quashed the entire proceedings and allowed the petition.

What did the court decide?

Chargesheet No.2 dated 21.04.2021, cognizance order dated 03.09.2021 and entire proceedings of Criminal Case No.72747 of 2021 quashed; petition allowed.

Snehil Singh and Others vs State of U.P. Thru. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22359

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1185 of 2024

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Applicant :- Snehil Singh And Others Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another

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Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha Counsel for Opposite Party :- G.A.,Gaurav Verma

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Chandra Shekhar Sinha, learned counsel for the petitioners, learned Additional Government Advocate for the State-respondent and Sri Gaurav Verma, learned counsel for the private opposite party.

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2. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed for quashing of the impugned chargesheet No.2 dated 21.04.2021, arising out of Case Crime No.0022 of 2021, under Sections 498-A, 323, 420, 504 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police StationGomti Nagar Vistar, Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow as Criminal Case No.72747 of 2021 (State vs. Snehil Singh and others) and the entire proceedings arising thereon in pursuance of the charge-sheet. The petitioners have further prayed for quashing of the impugned cognizance order dated 03.09.2021 passed on the Charge Sheet No.2 dated 21.04.2021 relating to the aforesaid criminal case.

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3. This Court vide order dated 08.02.2024 directed the parties to appear before the learned Senior Registrar of this Court for verification of the compromise entered into between the parties on 04.02.2024.

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4. In compliance of the aforesaid order, the parties appeared before the learned Senior Registrar of this court on 13.02.2024 to verify the aforesaid compromise and after verification of contents of the compromise and the parties thereof, the learned Senior Registrar has submitted his report dated 13.02.2024.

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5. The report of the learned Senior Report dated 13.02.2024 indicates that the compromise has been verified. The report of the learned Senior Registrar is pasted on the order-sheet.

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6. Learned counsel for the private opposite party Sri Gaurav

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Verma, has also submitted that the dispute between the parties has been amicably settled through compromise.

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7. Considering the facts and circumstances of the issue in question, particularly, the fact that the present petitioners and the private opposite party have settled their dispute through compromise, which has been verified by the learned Senior Registrar of this Court and report to this effect is pasted on the order-sheet, therefore, compelling the prosecution to prosecute the present petitioners would be a futile exercise and in view of the dictum of Hon'ble Supreme Court rendered in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai Aahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of the aforesaid criminal case are hereby quashed. The compromise dated 04.02.2024 taken place between the parties and its verification report dated 13.02.2024 submitted by the learned court below would be the part of this order.

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8. The petition is, therefore, allowed.

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9. No order as to costs.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 14.3.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Snehil Singh and Others v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Case brief

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Snehil Singh and Others v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Case brief

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