Supreme Court - Daily Orders
Dinesh Kumar Pal vs State Of U.P. on 31 January, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
(Arising out of Special Leave Petition (Criminal) No. 4753/2022)
DINESH KUMAR PAL ..... APPELLANT
VERSUS
STATE OF UTTAR PRADESH AND ANOTHER ..... RESPONDENTS
O R D E R
Leave granted.
By the order dated 11.11.2022, the parties were referred to mediation to explore the possibility of settlement.
Mediation report has been received, stating that the parties have resolved and settled the disputes vide settlement agreement dated 20.01.2023.
The learned counsel for the parties jointly state and request that in view of the settlement agreement, this Court may be pleased to exercise the powers under Article 142 of the Constitution of India and quash the criminal proceedings inter se parties, namely,
(i) Criminal Case No. 6532 of 2017, titled “State vs. Shailendra Pal and Others”, arising out of FIR No. 20/2015 dated 23.05.2015, lodged at Mahila Police Station, Kanpur Civil Line, Uttar Pradesh, under Sections 498A, 323, 313, 504 and 506 of the Indian Penal Code, 1860 (‘IPC’) and Sections 3 & 4 of the Dowry Prohibition Act, Signature Not Verified 1961, pending before the Fast Track Court (J.D.), Kanpur Nagar, Digitally signed by POOJA SHARMA Date: 2023.02.01 18:04:56 IST Reason: Uttar Pradesh; (ii) Complaint Case No. 1368 of 2015 titled 1 “Shrimati Prabha Pal vs. Shaliendra Singh and Others”, under Section 406 of the IPC, registered at Police Station Barra, Kanpur Nagar, Uttar Pradesh, pending before the court of Special Chief Judicial Magistrate, Kanpur Nagar, Uttar Pradesh; and (iii) Special Case No.29 of 2017, titled “Ram Sajivan Singh vs. Rohit Pal and Another”, pending before the court of Special Judge/Additional Sessions Judge, Auraiya, Uttar Pradesh, under Sections 392, 323, 504 and 506 of the IPC, registered at Police Station Auraiya, Uttar Pradesh.
The settlement agreement is taken on record and the parties to the settlement agreement will be bound by the same.
Prabha Pal and Shailendra Singh had got married on 18.02.2014. Subsequently, disputes arose between them. Prabha Pal filed FIR No.20 of 2015 dated 23.05.2015, registered at Mahila Police Station, Kanpur City, Uttar Pradesh and Complaint Case No. 1368 of 2015 registered at Police Station Barra, Kanpur Nagar, Uttar Pradesh.
During the pendency of these proceedings, Shailendra Singh had expired on 22.04.2018.
A private criminal complaint, namely Special Case No. 29 of 2017, under Sections 392, 323, 504, 506 of the IPC, registered at Police Station Auraiya, District Auraiya, Uttar Pradesh was filed by Ram Sajivan Singh, father of Late Shailendra Singh.
Keeping in view the factual background in which disputes have arisen, and as the parties have settled the matter, we deem it appropriate, in the interest of justice, to exercise our jurisdiction conferred under Article 142 of the Constitution of 2 India and thereby the proceedings in (i) Criminal Case No. 6532 of 2017 arising out of FIR No.20 of 2015 dated 23.05.2015, under Sections 498A, 323, 313, 504 and 506 of the IPC, registered at Mahila Police Station, Kanpur City, Uttar Pradesh; (ii) Complaint Case No. 1368 of 2015 titled “Shrimati Prabha Pal vs. Shaliendra Singh and Others”, under Section 406 of the IPC, registered at Police Station Barra, Kanpur Nagar, Uttar Pradesh, pending before the court of Special Chief Judicial Magistrate, Kanpur Nagar, Uttar Pradesh, and (iii) Special Case No.29 of 2017, titled “Ram Sajivan Singh vs. Rohit Pal and Another”, pending before the court of Special Judge/Additional Sessions Judge, Auraiya, Uttar Pradesh, under Sections 392, 323, 504 and 506 of the IPC, registered at Police Station Auraiya, Uttar Pradesh, are quashed.
We also record that the payment in terms of Paragraph 4 of the settlement agreement dated 20.01.2023 is already made by Ram Sajivan Singh to Prabha Pal.
Recording the aforesaid, the appeal is allowed and disposed of in the above terms.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;
JANUARY 31, 2023.
PS
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ITEM NO.11 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4753/2022
(Arising out of impugned judgment and order dated 16-09-2021 in A482 No. 6112/2021 passed by the High Court Of Judicature At Allahabad) DINESH KUMAR PAL PETITIONER(S) VERSUS STATE OF UTTAR PRADESH AND ANOTHER RESPONDENT(S) (IA No. 73989/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 73990/2022 - EXEMPTION FROM FILING O.T., IA No. 73987/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date : 31-01-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Lokesh Kumar Choudhary, AOR Mr. Ajay Kumar Rai, Adv. For Respondent(s) Mr. Ankit Goel, AOR Mr. Subodh S. Patil, AOR UPON hearing the counsel, the Court made the following O R D E R Leave granted The appeal is allowed and disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA) (R.S. NARAYANAN)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file.)
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