SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Manoj Singh And 5 Others vs State Of U.P. And Another on 5 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 79

Case :- APPLICATION U/S 482 No. – 34797 of 2018

Applicant :- Manoj Singh And 5 Others

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

Counsel for Applicant :- Sandeep Singh,Anurag Vajpeyi

Counsel for Opposite Party :- G.A.,Hari Pratap Gupta

Hon’ble Harsh Kumar,J.

Heard Sri Anurag Vajpeyi, learned counsel for applicants, Sri Ajay Tiwari, Advocate holding brief of Sri Hari Pratap Gupta, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as order dated 7.9.2017 passed by Judicial Magistrate, Kushi Nagar in Case No.4281 of 2017 (State of U.P. Vs. Manoj Singh and others), arising out of Case Crime No.0002 of 2017, under sections 498A, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Kushi Nagar, pending in the Court of Civil Judge, Junior Division, Kushi Nagar.

Parties counsel submitted that in this matrimonial dispute between husband and wife, the applicant no.1 and Ravita Singh, daughter of opposite party no.2 have come to terms and have decided to live together; that the matter was referred to Mediation Centre and vide report dated 30.8.2019, it has been reported that mediation completed and agreement enclosed; that the opposite party no.2 father of Smt. Ravita Singh do not want to proceed with the case.

Upon hearing counsel for the parties and perusal of record, I find that in view of the law laid down by Hon’ble the Apex Court in the case of B.S. Joshi vs. State of Haryana (2003) 4 SCC 675, since the parties have come to terms by way of compromise there is no justification to keep the proceedings of criminal case pending and proceedings as well as order dated 7.9.2017 passed by Judicial Magistrate, Kushi Nagar in Case No.4281 of 2017 (State of U.P. Vs. Manoj Singh and others), arising out of Case Crime No.0002 of 2017, under sections 498A, 504, 506 IPC and 3/4 D.P. Act, are liable to be quashed.

The application under Section 482 Cr.P.C. is allowed and proceedings as well as order dated 7.9.2017 passed by Judicial Magistrate, Kushi Nagar in Case No.4281 of 2017 (State of U.P. Vs. Manoj Singh and others), arising out of Case Crime No.0002 of 2017, under sections 498A, 504, 506 IPC and 3/4 D.P. Act, are quashed accordingly.

Order Date :- 5.3.2020

Tamang

 

 

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