Allahabad High Court
Ashish Kumar Gupta vs State Of U.P. And Another on 19 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 8420 of 2017 Applicant :- Ashish Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Babu Dubey Counsel for Opposite Party :- G.A.,Shiv Karan Chaudhary Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the opposite party No.2, the learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant has sought quashment of the charge sheet dated 13.11.2013 and the proceeding in Case No.3446 of 2015 State Vs. Ashish Kumar Gupta and others, arising out of Case Crime No.175 of 2013, under Sections 498A, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Fatehpur, pending in the court of the Chief Judicial Magistrate, Fatehpur.
In this case, supplementary affidavit dated 16.03.2021 is claimed to have been filed on the same day, receipt of the same was produced in support of the applicant's claim. However, learned A.G.A. has received the copy of the supplementary affidavit.
Contention, in brief, is that supplementary affidavit contains the certified copy of the order dat4ed 19.02.2021 which pertains to the proceeding in Case No.397 of 2013 Smt. Isha Devi and another Vs. Ashish Kumar, under Section 125 Cr.P.C. before the Principal Judge, Family Court, Fatehpur. By virtue of the order dated 19.02.2021, both the parties had entered into compromise. Based upon the same, a number of cases have been directed to be resolved between the parties amicably wherein reference of the proceeding of this case namely Case Crime No.175 of 2013, under Sections 498A, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Fatehpur was also considered between the parties. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicant has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.
It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicant is liable to be quashed in terms of the compromise between the parties.
Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.
In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of above, the charge sheet dated 13.11.2013 and the proceeding in Case No.3446 of 2015 State Vs. Ashish Kumar Gupta and others, arising out of Case Crime No.175 of 2013, under Sections 498A, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Fatehpur, pending in the court of the Chief Judicial Magistrate, Fatehpur, are hereby quashed.
Accordingly, the present application is allowed.
Let a copy of this order be sent to the court below for necessary information and follow up action.
Order Date :- 19.7.2022 rkg