Allowed

Prakhar Singh and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC18 Dec 2024A482/8134/2024

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of criminal proceedings arising from matrimonial disputes under Sections 498-A IPC and Dowry Prohibition Act. The respondents had amicably settled via mediation on 18.11.2024. The High Court allowed the application and quashed the proceedings.

What did the court decide?

Quashing of criminal case No.506/2023 under Sections 498-A IPC and Section 3/4 Dowry Prohibition Act.

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

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Neutral Citation No. - 2024:AHC-LKO:85180

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8134 of 2024

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Applicant :- Prakhar Singh And Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Archana Singh,Al Saud Khan,Rashmi Sharma Counsel for Opposite Party :- G.A.,Ram Prakash Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 4 and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No.506/2023 of arising out of Case Crime No.313 of 2023, under Sections 498-A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Umari Begum Ganj, District Gonda.

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It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 11.9.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 18.11.2024 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para 6 of the settlement agreement dated 18.11.2024.

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Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the

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parties.

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In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

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Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 18.11.2024 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Criminal Case No.506/2023 of arising out of Case Crime No.313 of 2023, under Sections 498-A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Umari Begum Ganj, District Gonda is hereby quashed .

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Order Date :- 18.12.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Prakhar Singh and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Case brief

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Prakhar Singh and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

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