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Sanjeet Pal Singh And 4 Others vs State Of U.P. Thru. Secy. Home … on 16 August, 2022

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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 10

Case :- APPLICATION U/S 482 No. – 5366 of 2022

Applicant :- Sanjeet Pal Singh And 4 Others

Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. And Another

Counsel for Applicant :- Amarjeet Singh

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

1. The petition has been filed seeking quashing entire proceedings of Case Crime No.293 of 2020 under Sections 498A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Talkatora, District Lucknow as well summoning order dated 10.11.2021.

2. Notice on behalf of the State has been accepted by learned A.G.A. Mr.Seraj Ahmad, Advocate has put in appearance on behalf of the respondent No.2. Vakalatnama filed by him is taken on record.

3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-5 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Judicial Magistrate, Unnao vide order dated 14.07.2022 in compliance of the order dated 27.05.2022 passed by this Court in Application u/s 482 No.2 of 2022.

4. I have considered the submissions of learned counsel for the parties.

5. Considering the ratio laid down by the Supreme Court 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, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of Case Crime No.293 of 2020 under Sections 498A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Talkatora, District Lucknow as well summoning order dated 10.11.2021 are hereby quashed.

(Dinesh Kumar Singh, J.)

Order Date :- 16.8.2022

prateek

 

 

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