Allowed

Vinay Kumar Mishra and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC11 Jan 2024A482/230/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of criminal proceedings arising from a dowry case after claiming an out-of-court compromise. The court noted the settlement and Supreme Court precedents, holding that further proceedings would be futile. The application was allowed and the case quashed.

What did the court decide?

Present petition allowed and pending proceedings of State vs Vinay Kumar Mishra & Ors are quashed.

Vinay Kumar Mishra and Others vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3123

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 230 of 2024

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Applicant :- Vinay Kumar Mishra And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Anoop Kumar Upadhyay, leanred counsel for the applicants, Sri Sanjay Maurya, learned A.G.A. for the State and Sri Abhishek Kumar, learned counsel appearing for opposite party No.2. Vakalatnama filed by Sri Abhishek Kumar, Advocate is taken on record.

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2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have prayed for quashing of the entire proceedings of Case No.200 of 2021: State vs Vinay Kumar Mishra & Ors pending in the court of learned Judicial Magistrate-I, Balrampur arising out of Charge-sheet No.1 of 2020 dated 12.12.2020 under Sections 323, 504, 506, 498A IPC, 3/4 Dowry Prohibition Act, Police Station Maharajganj Tarai, District Balrampur arising out of FIR/Case Crime No.180 of 2020.

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3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Judicial Magistrate-I, Balrampur vide order dated 23.11.2023 in compliance of the order dated 13.10.2023 passed by this Court in Application u/s 482 No.10045 of 2023.

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4. I have considered the submissions of learned counsel for the parties.

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5. Considering the ratio laid down by the Supreme Court in the cases of 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

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versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

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6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings Case No.200 of 2021: State vs Vinay Kumar Mishra & Ors pending in the court of learned Judicial Magistrate-I, Balrampur arising out of Charge-sheet No.1 of 2020 dated 12.12.2020 under Sections 323, 504, 506, 498A IPC, 3/4 Dowry Prohibition Act, Police Station Maharajganj Tarai, District Balrampur arising out of FIR/Case Crime No.180 of 2020 are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 11.1.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Vinay Kumar Mishra and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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Vinay Kumar Mishra and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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