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Videsh Singh & Ors. vs State Of U.P. & Anr. on 24 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- U/S 482/378/407 No. – 1134 of 2020

Applicant :- Videsh Singh Ors.

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Sudhir Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Dinesh Kumar Singh,J.

1. The petition has been to quash the entire proceedings of Case No.2117 of 2019, arising out of Case Crime No.354 of 2017, under Sections 498-A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Banthara, Lucknow pending in the Court of C.J.M.(Custom), Lucknow as well as charge-sheet No.01 of 2018 dated 01.04.2018.

2. Vakalatnama filed by Mr.Rajesh Kumar, Advocate on behalf of respondent No.2 is taken on record.

3. Compromise entered into between the parties has been placed on record as Annexure-3 to the petition. Parties are present in the Court who have been duly identified by their respective counsels. They have confirmed the terms of compromise.

4. The complainant submits that she does not want to pursue the proceedings against the petitioners and decided to put an end to the ongoing proceedings against the petitioners.

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

6. 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 would be an exercise in futility.

7. Considering the aforesaid aspect, the present petition is allowed and the proceedings of Case No.2117 of 2019, arising out of Case Crime No.354 of 2017, under Sections 498A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Banthara, Lucknow pending in the Court of C.J.M.(Custom), Lucknow as well as charge-sheet No.01 of 2018 dated 01.04.2018 against the petitioner are quashed subject to payment of Rs.25,000/- by the petitioners with Nawab Wajid Ali Shah Zoological Garden, Lucknow within a period of two weeks. In case the amount is not paid within a period of a month, this order will not be effective and trial Court will proceed with the matter in accordance with law against the petitioner. After deposition of Rs.25,000/- the petitioners are required to submit a report in the Registry.

Order Date :- 24.2.2020

prateek

 

 

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