Allowed

Ankit Srivastava v. State of Chhattisgarh

Chhattisgarh HC6 Jul 2023CRMP/231/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh quashed criminal proceedings under Section 498A IPC initiated against petitioners based on a complaint of dowry harassment. The court allowed the petition following an amicable settlement between parties and recording of statements before the Additional Registrar, applying the principle from Ramgopal case.

What did the court decide?

Criminal Case No. 12942 of 2022 pending before Judicial Magistrate First Class, Durg, arose from Crime No. 123 of 2022 filed under Section 498A IPC, is hereby quashed.

Ankit Srivastava Vs State of Chhattisgarh — Matrimonial and Divorce | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 231 of 2023

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Ankit Srivastava S/o R.P. Rama Srivastava Aged About 36 Years 1060 Chitra Chand Nilayam Abhilasha 2 Lucknow, Uttar Pradesh

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R.P. Rama S/o Mahabal Aged About 66 Years 1060 Chitra Chand Nilayam Abhilasha 2 Lucknow, Uttar Pradesh

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Chetna Srivastava W/o R.P. Rama Srivastava Aged About 63 Years 1060 Chitra Chand Nilayam Abhilasha 2 Lucknow, Uttar Pradesh

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---- Petitioners

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Versus

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State Of Chhattisgarh Through Police Station Newai, District Durg Chhattisgarh

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Namita Srivastava D/o Harimohan Srivastava Aged About 31 Years R/o 152/8, Plot No. 9 Street No. 20, Pragati Nagar, Risali Police Station Newai, Bhilai Tahsil And District Durg Chhattisgarh

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---- Respondents

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For the Petitioners : Shri S.S. Baghel, Advocate. For Respondent No.1 / State : Shri Ashish Gupta, G.A. For Respondent No. 2 : Shri Karan Kumar, Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey ORDER

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06.07.2023

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In this petition, the petitioners have challenged the entire proceedings of Criminal Case No. 12942 of 2022 pending before the learned Judicial Magistrate First Class, Durg arising out of Crime No. 123 of 2022 registered at Police Station Newai, District Durg for commission of offence punishable under Section 498A read with Section 34 of the IPC.

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It appears that an FIR was lodged by respondent No.2 against the petitioners on 25.3.2022 on the ground that respondent No.2 was married to petitioner No.1 on 22.1.2019 and after sometime, all the petitioners started

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harassing for demand of dowry. On such complaint, the police registered the offences as stated above. The final report was filed and the Criminal Case No. 12942 of 2022 is pending before the Court of JMFC, Durg.

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During the pendency of this petition, the parties have amicably settled the dispute and an application was also moved before the learned trial Court but the same was rejected by learned trial Court on 21.12.2022 against which, this petition was preferred.

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In pursuance of the order passed by this Court, both the parties have appeared before this Court on 25.2.2023 and their statements were recorded before the Additional Registrar (Judicial) on the same day where they have stated that they have amicably settled the continuing dispute.

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Respondent No.2/ complainant has specifically stated that she has settled the dispute without any pressure, coercion or greed and she does not want to pursue the criminal case.

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Taking into consideration the application which was moved before the learned trial Court and the statements recorded before the Additional Registrar (Judicial) and further, applying the proposition of law laid down by the Hon’ble Supreme Court in the matter of Ramgopal and Another vs. State of Madhya Pradesh , reported in 2021 SCC Online SC 834 , I am inclined to allow this petition by quashing the pending criminal proceeding as the matter has already been settled between the parties.

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Accordingly, the petition is allowed and the entire proceedings of Criminal Case No. 12942 of 2022 pending before the learned Judicial Magistrate First Class, Durg arising out of Crime No. 123 of 2022 registered at Police Station Newai, District Durg for commission of offence punishable under Section 498A read with Section 34 of the IPC, is hereby quashed.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nimmi

Ankit Srivastava v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ankit Srivastava v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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