Achala Rani Jatav & Others vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 3411 ALL

Citation : 2021 Latest Caselaw 3411 ALL
Judgement Date : 12 March, 2021

Allahabad High Court

Achala Rani Jatav & Others vs State Of U.P. Thru. Prin. Secy. ... on 12 March, 2021

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- U/S 482/378/407 No. - 1179 of 2021
 
Applicant :- Achala Rani Jatav & Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko & Others
 
Counsel for Applicant :- Nadeem Murtaza,Sheeran Mohiuddin Alavi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

1. The petition has been filed under Section 482 CrPC for quashing proceedings of Case No.1290 of 2017 State versus Dhiraj Anand and others arising out of case crime No.0604 of 2016, P.S. Gomti Nagar Road, Lucknow pending in the Court of Chief Judicial Magistrate, Lucknow under Sections 498A, 323, 504, 506 I.P.C., and Sections 3/4 Dowry Prohibition Act as also order of summoning dated 11.1.2017 and charge-sheet No.1/2016 dated 22.11.2016 on the basis of compromise entered into between the parties.

2. Heard learned counsel for the petitioners. Mr. Sudhanshu Shekhar Tripathi, Advocate who has filed vakalatnama today in court on behalf of private respondents, which is taken on record, and learned A.G.A. for the State.

3. It is submitted that earlier, the petitioners had filed a petition under Section 482 CrPC, bearing No.2360 of 2017 which was disposed of vide order dated 18.12.2020. Pursuant to the order dated 18.12.2020, the parties have entered into compromise which has been duly verified by C.J.M., Lucknow on 6.2.2021. The order passed by the C.J.M. is available on record at page 67.

The petitioners' counsel submits that since amicable settlement of the dispute has been arrived between the parties, therefore chances of conviction of the petitioners are remote and pendency of the case before the trial Court shall be of no consequence and it will be a futile exercise. He relied on a judgment of Hon'ble Supreme Court reported in (2012)10 SCC 303 Gian Singh versus State of Punjab and another.

4. Considering the fact that the parties have entered into compromise which has been verified by the C.J.M. Lucknow and in view of the judgment of Hon'ble Supreme Court in the case of Gian Singh (supra), the impugned proceedings are hereby quashed.

5. The petition is disposed of accordingly.

Order Date :- 12.3.2021

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