Allowed

Akshipt Gupta and 2 Others v. State of Up Others

Allahabad HC6 Sept 2024A482/459/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings regarding Section 498-A and Dowry Prohibition Act offences. The court found an amicable settlement via mediation and quashed the charge sheet and cognizance order, subject to a Rs. 10,000 deposit, while directing the Family Court to expedite a pending divorce case.

What did the court decide?

The criminal proceedings, charge sheet, and cognizance order are quashed subject to the deposit of Rs. 10,000/-; the Family Court is directed to decide the pending matrimonial case within 45 days.

Akshipt Gupta and 2 Others vs State of Up Others — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145728

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 459 of 2024

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Applicant :- Akshipt Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants and Sri Ram Prakash Shukla, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Akshipt Gupta, Ashwani Gupta and Uma Gupta with the following prayers:

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"It is therefore, Most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire criminal proceeding including charge sheet dated 29.04.2023 as well as cognizance order dated 18.08.2023 in case No. 1453 of 2023 arising out of Case Crime No. 285 of 2022 under section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police station Fatehabad, District Agra (State Versus Akshipt Gupta and others) pending in the court of Judicial Magistrate Fatehabad, Agra, District Agra.

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It is further prayed that further proceeding of the abovementioned case may be stayed meanwhile, and/ or pass such other and further suitable order or direction in this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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And/ Or pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case."

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The matter was referred to the Mediation Centre of this Court vide order dated 27.02.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 30.06.2024 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement

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agreement dated 30.06.2024.

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As per the office report dated 05.09.2024 a report from the Mediation Centre of this Court is on record.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 30.06.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7-e of the said mediation report.

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Learned counsel for the applicants submits that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Agra as Case No. 693 of 2024. Learned counsel assures that the applicant shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court, Agra. He prayed that a direction for expeditious disposal of the same be given.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

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The present application is allowed .

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The entire criminal proceeding including charge sheet dated 29.04.2023 as well as cognizance order dated 18.08.2023 of the

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aforesaid case are hereby quashed subject to the applicants depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

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However, the Principal Judge, Family Court concerned is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

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Order Date :- 6.9.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Akshipt Gupta and 2 Others v. State of Up Others

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Akshipt Gupta and 2 Others v. State of Up Others

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