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Nikhil Agrawal & Others vs State Of U.P. & Another on 11 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- U/S 482/378/407 No. – 1855 of 2019

Applicant :- Nikhil Agrawal Others

Opposite Party :- State Of U.P. Another

Counsel for Applicant :- Rajendra Prasad

Counsel for Opposite Party :- Govt. Advocate,Kaushal Kishore,Nandini Gupta

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicants, learned AGA for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No.18 of 2019 arising out of Crime No.35 of 2018 under Sections 498A, Section323, Section504, Section506 I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Mahila Thana, District Faizabad, impugned summoning order dated 07.01.2019 as well as impugned chargesheet No.57 of 2018 dated 21.10.2018.

It has been contended by learned counsel for the applicants that the dispute between the parties is matrimonial in nature. This court vide order dated 11.03.2019 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived vide letter dated 04.04.2019 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para F of the settlement agreement dated 04.04.2019.

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 has been mutually settled between the parties by way of the mediation.

Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 22.04.2019 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Criminal Case No.5999 of 2018 arising out of Case Crime No.0862 of 2017, under Sections 498A, Section323, Section313, Section504, Section506 I.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station Kotwali, District Sitapur as well as summoning order dated 03.10.2018 passed by learned Chief Judicial Magistrate, District Sitapur are hereby quashed.

Order Date :- 11.7.2019

Amit/-

 

 

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