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Arvind Kumar Pandey And Others vs State Of U.P. And Another on 1 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 4361 of 2010

Applicant :- Arvind Kumar Pandey And Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Digvijay Singh

Counsel for Opposite Party :- Govt. Advocate,Dharmendra Singh

Hon’ble Dinesh Kumar Singh,J.

The present petition under Section 482 Cr.P.C. has been filed for quashing of the proceedings of Case No.477 of 2010, arising out of Case Crime No.63 of 2000, under Section 498A, Section452, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Kotwali Mahanagar, District Lucknow, State Vs. Arvind Kumar Pandey and others, pending before the Court of A.C.J.M.-IV, Lucknow, including cognizance order dated 6.2.2003 and the order dated 10.2.2010.

The petitioners are the brother-in-law (Jeth), mother-in-law and sisters-in-law (Jethani and Nanad) of the respondent no.2. This Court referred the mater to the Mediation and Conciliation Center of this Court vide order dated 10.11.2010. Parties have settled their dispute before the Mediation Center and a copy of the report of the Mediation and Conciliation Center along with the terms of the agreement has been placed on record. Parties are in agreement that the parties have settled their dispute in terms of the compromise arrived at between them before the Mediation Center.

Considering the relationship between the parties and the fact that the impugned proceedings are result of matrimonial discord between the parties and the parties have settled their dispute before the Mediation and Conciliation Center of this Court in terms of the agreement arrived at between them, it would be appropriate to quash the criminal proceedings against the petitioners in view of the judgments of the Supreme Court rendered in the cases of B.S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant Versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma Versus State and others : (2008) 16 SCC 1, Gian Singh Versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466.

In view of the aforesaid, petition is allowed and the proceedings of Case No.477 of 2010, arising out of Case Crime No.63 of 2000, under Section 498A, Section452, Section323, Section504, Section506 IPC and Section 3/Section4 Dowry Prohibition Act, Police Station Kotwali Mahanagar, District Lucknow, State Vs. Arvind Kumar Pandey and others, pending before the Court of A.C.J.M.-IV, Lucknow, including cognizance order dated 6.2.2003 and the order dated 10.2.2010, are hereby quashed.

Order Date :- 1.11.2019

Rao/-

 

 

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