Ankit Dixit v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Allahabad HC15 Apr 2025A482/2839/2025

Case brief

AI extract

What is this about?

Ankit Dixit applied to quash criminal proceedings based on a matrimonial compromise signed in July 2024, arguing his wife should enforce it. The court noted she had withdrawn other civil cases but not the criminal one, causing the State to oppose the application. The court issued notice to the wife and stayed proceedings pending response.

What did the court decide?

Notice issued, proceedings stayed pending response.

Ankit Dixit vs State of U.P. Thru. Addl. Chief Secy… — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 2839 of 2025

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Applicant :- Ankit Dixit Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard.

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Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-

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"Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the proceedings of the impugned Criminal case, charge sheet no. 1 dated 25.12.2020 and summoning order dated 14.03.2022 in Criminal Case No. 5770 of 2022, Crime No. 343 of 2020 under Section 498A/323/504/506 IPC Police Station Shiv Ratanganj, Raebareily, pending in the Court of Vth Additional Civil Judge (Junior Division)/Judicial Magistrate contained as annexure no. 1 and 2 in the interest of justice"

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Learned counsel for the applicant has submitted that the matrimonial dispute between the parties has come to an end by entering into a compromise on 25.07.2024, which has been enclosed as annexure no. 6 to the present case.

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It is further submitted that in the said compromise, it has been asserted in one of the clauses mentioned therein that proceedings of criminal case, which is pending shall be withdrawn or quashed with the help of respondent no. 2.

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It is further submitted that the respondent no. 2 has withdrawn other cases pending before the different forums/authorities viz proceedings under Section 125 Cr.P.C., proceedings of case pertaining to Section 12 of Protection of Women from Domestic Violence Act, 2005 but for the proceedings of criminal case, she is not moving any application despite the compromise made between them in this regard.

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On the other hand, learned AGA has opposed the application but unable to dispute the submission made by learned counsel for the applicant.

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Issue notice to the respondent no. 2.

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Steps be taken within seven days.

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List this case in the week commencing 26.05.2025.

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Office is directed to submit service report by the next date of listing.

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Till the next date of listing, proceedings of Criminal Case No. 5770 of 2022 shall remain stayed as far as it is related with the applicant.

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Order Date :- 15.4.2025 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Ankit Dixit v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Ankit Dixit v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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