Allowed

Anil and 2 Others v. State of U.P. and 2 Others

Allahabad HC6 Sept 2024A482/16160/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings involving non-bailable offences. The Court held that since the parties had amicably settled the matrimonial dispute via a compromise verified by the trial court, no purpose would be served by keeping the proceedings pending, relying on Supreme Court precedents.

What did the court decide?

The proceedings of Criminal Case No. 2447 of 2016 against Anil and others, arising out of Case Crime No. 59 of 2016, are quashed.

Anil and 2 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145934

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl.No.79)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 16160 of 2024

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Applicant :- Anil And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- Ajay Kumar Mishra,G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Sandeep Kumar Srivastava, learned counsel for the applicants and Sri Ajay Kumar Mishra, learned counsel for the opposite party no.2 and Sri Prem Prakash Tripathi, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Summoning order dated 14.06.2016 and the Charge sheet dated 13.05.2016 as well as the entire proceeding of Criminal Case No. 2447 of 2016 (State vs. Anil and others), arising out of Case Crime No. 59 of 2016, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, P.S. Gajraula, District J.P. Nagar, (Amroha), pending in the court of Additional Chief Judicial Magistrate-II (Fast Track Court), J.P. Nagar (Amroha).

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Learned counsel for the applicant submits that after filing of the instant application, the parties have amicably settled their disputes and a compromise dated 30.10.2023 was executed between the parties and vide order dated 16.05.2024, the parties were directed to appear before the trial court for verification of the compromise and vide order dated 29.05.2024, the trial court has verified the compromise. A report with regard to verification of compromise dated 30.05.2024 has also been sent by the Civil Judge (Junior Division)/J.M. Fast Track Court-II, Amroha, has been placed on record. In view there of, learned counsel for the applicant submits that since the settlement has already taken place, the instant proceedings are required to be quashed in accordance with the the compromise between the parties.

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The aforesaid facts are not disputed by learned counsel for the opposite party no.2 and he also supports the prayer so made by learned counsel for the applicant seeking quashing of the entire

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proceeding of the instant case. In view of the compromise, learned AGA also does not oppose the prayer so made by learned counsel for the applicant. .

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Having heard the submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. Since it was a matrimonial dispute, which has been amicably settled between the parties and the compromise dated 30.10.2023 arrived at between the parties, which has been duly verified by the trial court, in view thereof, no fruitful purpose would be served by keeping this matter pending.

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Therefore, in the light of the judgments of the Apex Court in B.S. Joshi and others vs. State of Haryana and others (2003) 4 SCC 675, Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed.

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In view thereof, the instant application is accordingly allowed and the proceedings of Criminal Case No. 2447 of 2016 (State vs. Anil and others), arising out of Case Crime No. 59 of 2016, under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, P.S. Gajraula, District J.P. Nagar, (Amroha), pending in the court of Additional Chief Judicial Magistrate-II (Fast Track Court), J.P. Nagar (Amroha), are hereby quashed.

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Order Date :- 6.9.2024 Ashish Pd.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Anil and 2 Others v. State of U.P. and 2 Others

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Anil and 2 Others v. State of U.P. and 2 Others

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