Hari Om Srivastava @ Shani and Others Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

Hari Om Srivastava @ Shani and Others Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No. 2658 of 2023 (arising out of Case Crime No. 62 of 2022, Sections 3/4 D.P. Act, P.S. Cantt., District Ayodhya) pending before the Addl. Chief Judicial Magistrate-I, Ayodhya, along with the charge-sheet dated 11.05.2022.

Issue for consideration

Whether the entire proceedings of Crl. Case No. 2658 of 2023 (arising out of Case Crime No. 62 of 2022, Sections 3/4 D.P. Act, P.S. Cantt., District Ayodhya) and the charge-sheet dated 11.05.2022 should be quashed. +1 more

Court's answer

The application is allowed and Criminal Case No. 2658 of 2023, arising out of Case Crime No. 62 of 2022 under Sections 3/4 of the D.P. Act, pending before the Addl. Chief Judicial Magistrate-I, District Ayodhya, is quashed.

Ratio / Principle

In view of the settlement agreement dated 28.11.2024, the issue between the parties having already been resolved, no useful purpose would be served in proceeding with the criminal case further.

Detailed headnote1 paragraphs

Quashing of criminal proceedings on settlement between parties — Application u/s 482 allowed. The High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Rajeev Singh, J., order dated 16.12.2024) allowed the application and quashed the entire proceedings of Criminal Case No. 2658 of 2023, arising out of Case Crime No. 62 of 2022 under Sections 3/4 of the D.P. Act, Police Station Cantt., District Ayodhya, pending before the Addl. Chief Judicial Magistrate-I, Ayodhya, together with the charge-sheet dated 11.05.2022. Counsel for the parties informed the Court that the FIR was lodged due to some misconception and the issue stood resolved; a settlement agreement dated 28.11.2024 was on record, and counsel for the applicant handed over original Cheque No. 031292 dated 02.12.2024 in favour of respondent no. 2 (Dileep Kumar Srivastava), who raised no objection to quashing. Holding that no useful purpose would be served in proceeding with the matter further, the Court quashed the case.

Neutral Citation No. - 2024:AHC-LKO:84014

Court No. - 13

Case :- APPLICATION U/S 482 No. - 9002 of 2024

Applicant :- Hari Om Srivastava @ Shani And Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. (Home Deptt) Lko. And Another Counsel for Applicant :- Shubham Pal Counsel for Opposite Party :- G.A.,Ajay Pandey

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicants and Sri Rao Narendra Singh, learned A.G.A. for the State.

The instant application has been filed for quashing the entire proceeding of Crl. Case No. 2658 of 2023 arising out of Case Crime No. 62 of 2022 under Section 3/4 of D.P. Act, Police Station- Cantt., District- Ayodhya pending in the Court of Addl. Chief Judicial Magistrate-I, District- Ayodhya as well as charge-sheet dated 11.05.2022.

Learned counsel for the parties inform that due to some misconception, the FIR in question has been lodged and the issue has been resolved between the parties.

Learned counsel for the applicant has handed over original Cheque No.031292 dated 02.12.2024 in favour of Sri Dileep Kumar Srivastava, HDFC Bank, Faizabad Indira Nagar, Lucknow to respondent no.2-Dileep Kumar Srivastava, who has been identified by his counsel. He has no objection if the proceedings of this case are quashed.

Considering the contents of the settlement agreement which was executed between the parties dated 28.11.2024 as the issue has already been resolved between them, this Court is of the view that no useful purpose would be served in proceeding with the matter further.

In view of above, the present application is allowed and the Criminal Case No. 2658 of 2023 arising out of Case Crime No. 62 of 2022, under Section 3/4 of D.P. Act, Police StationCantt., District- Ayodhya pending in the Court of Addl. Chief Judicial Magistrate-I, District- Ayodhya, are hereby quashed.

Order Date :- 16.12.2024 Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench