H) That the parties have agreed that they shall not have any objection if vs State of U. P. and Another) is decided and the proceedings of Criminal
Case Details
Acts & Sections
Short counter affidavit filed by learned counsel for the opposite party No. 2 is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicants for the following main relief(s):- "It is most humbly respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Misc Case No. 27135 of 2023 (State Vs. Vimal Singh and others) in pursuance of charge sheet No. 50 of 2023 dated 24.01.2023 arising out of Case Crime / First Information Report No. 143 of 2022, Under Section 498A, 323, 406 I.P.C, and Section 3/4 D.P. Act, Police Station Mahila Thana, District: Pratapgarh pending before the court of Learned Civil Judge Junior Division FTC Ist, Pratapgarh as well as summoning order dated 03.04.2023 passed by Learned Civil Judge Junior Division FTC Ist, Pratapgarh (Contained as Annexure No. 1 and 2), in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 19.04.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 19.04.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 11.11.2024 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The mediation report dated 11.11.2024 is annexed as Annexure No.'E-1' to this application. The relevant portion of the mediation report dated 11.11.2024 is extracted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A) That the parties have decided to live together alongwith their daughter with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties happily and peacefully without any kind of misbehaviour or harassment to each other and each other's family members. C) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. D) That the parties have agreed to give all due respect the family members and relatives of each other. E) That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. F) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. G) That the parties have agreed that the First Party/husband will bear all the financial responsibilities of the Second Party/wife and their daughter namely Pihu Singh. H) That the parties have agreed that they shall not have any objection if the APPLICATION U/s 482 No.3588 of 2024 (Vimal Singh and Others Vs. State of U. P. and Another) is decided and the proceedings of Criminal Misc. Case No.27135 of 2022 arising out of Case Crime No. 143 of 2022, U/Ss 498-A, 323, 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, P. S.-Mahila Thana, District-Pratapgarh is quashed in terms of this Settlement Agreement. I) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. J) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. K) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Sambhajirao Madhavarao Jiwajirao Scindia Vs. Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.143 of 2022, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 12.2.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Short counter affidavit filed by learned counsel for the opposite party No. 2 is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicants for the following main relief(s):- "It is most humbly respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Misc Case No. 27135 of 2023 (State Vs. Vimal Singh and others) in pursuance of charge sheet No. 50 of 2023 dated 24.01.2023 arising out of Case Crime / First Information Report No. 143 of 2022, Under Section 498A, 323, 406 I.P.C, and Section 3/4 D.P. Act, Police Station Mahila Thana, District: Pratapgarh pending before the court of Learned Civil Judge Junior Division FTC Ist, Pratapgarh as well as summoning order dated 03.04.2023 passed by Learned Civil Judge Junior Division FTC Ist, Pratapgarh (Contained as Annexure No. 1 and 2), in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 19.04.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 19.04.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 11.11.2024 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The mediation report dated 11.11.2024 is annexed as Annexure No.'E-1' to this application. The relevant portion of the mediation report dated 11.11.2024 is extracted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A) That the parties have decided to live together alongwith their daughter with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties happily and peacefully without any kind of misbehaviour or harassment to each other and each other's family members. C) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. D) That the parties have agreed to give all due respect the family members and relatives of each other. E) That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. F) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. G) That the parties have agreed that the First Party/husband will bear all the financial responsibilities of the Second Party/wife and their daughter namely Pihu Singh. H) That the parties have agreed that they shall not have any objection if the APPLICATION U/s 482 No.3588 of 2024 (Vimal Singh and Others Vs. State of U. P. and Another) is decided and the proceedings of Criminal Misc. Case No.27135 of 2022 arising out of Case Crime No. 143 of 2022, U/Ss 498-A, 323, 406 I.P.C. and Section 3/4 of Dowry Prohibition Act, P. S.-Mahila Thana, District-Pratapgarh is quashed in terms of this Settlement Agreement. I) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. J) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. K) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Sambhajirao Madhavarao Jiwajirao Scindia Vs. Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.143 of 2022, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 12.2.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench