SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ashish Kumar Srivastava & Others vs State Of U.P. & Another on 19 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 7847 of 2018

Applicant :- Ashish Kumar Srivastava Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Anoop Kumar Upadhyay,Ajay Singh

Counsel for Opposite Party :- Govt. Advocate,Ashish Kumar,Raj Kumar Pandey

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos. 2 and 3 and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet No.01 of 2017, dated 06.11.2017 filed in Case Crime No.132 of 2017 under Sections 323, Section506, Section498A, Section406 I.P.C. and Section 3/4 D.P. Act, Police Station Vikas Nagar, District Lucknow as well as summoning order dated 10.01.2018 passed by learned Additional Chief Judicial Magistrate, Court No.28, Lucknow in Case No.1304 of 2018.

Learned counsel for the applicants and opposite party Nos. 2 and 3 jointly informed that due to matrimonial dispute, the FIR No.132 of 2017, under Sections 323, Section506, Section498A, Section406 I.P.C. and Section 3/4 D.P. Act, Police Station Vikas Nagar, District Lucknow was registered on the written complaint of opposite party No.2 against the applicants. Learned counsel for the parties have jointly informed that after lodging the aforesaid FIR, the matter was placed before the Mediation Centre at Civil Court, Lucknow and the same was successfully concluded on 02.11.2018. Learned counsel for the parties have also informed that out side the Court, the issue has been resolved and opposite party Nos.2 and 3 does not want to prosecute the applicants. They have further submitted that the petition under Section 13-B Hindu Marriage Act filed by the applicant No.1, the same was allowed on 16.10.2019.

The applicant No.1 and opposite party No.2 and 3 are present before this Court and opposite party Nos. 2 and 3 stated that they does not want to prosecute the applicants.

Learned counsel for the opposite party Nos.2 and 3 informed that they will withdraw all the proceedings filed and initiated against the applicants within two months from today.

Learned A.G.A. has no objection.

Hon’ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personnel nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

For the discussions made above, the present application is allowed and the chargesheet No.01 of 2017, dated 06.11.2017 filed in Case Crime No.132 of 2017 under Sections 323, Section506, Section498A, Section406 I.P.C. and Section 3/4 D.P. Act, Police Station Vikas Nagar, District Lucknow as well as summoning order dated 10.01.2018 passed by learned Additional Chief Judicial Magistrate, Court No.28, Lucknow in Case No.1304 of 2018, is hereby quashed.

Order Date :- 19.10.2019

Amit/-

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation