Accordingly, the proceedings of Criminal Case No. 42940 of 2020 (State of U.P. versus Ashutosh Mishra) arising out of Crime No. 712 of 2016, under Sections 498-A,323,504,506 of IPC and Section 3/4 Dowry Prohibition Act, Police Station Madiyaon, District -Lucknow, are hereby quashed.
26. In light of the above discussions, it is apparent that even if
all the material available on record by prosecution is accepted as
gospel truth; even then, it is opposed to common sense or the broad
probabilities of the case. It is against the common sense and gives rise
to suspicion only and not the grave suspicion. Therefore, present
appellant Shikha Dwivedi is required to be discharged. Consequently,
this appeal succeeds and the impugned order dated 16.12.2023
(Annexure-A/1) passed in Special Case No.151/2023 (State of MP Vs.
Ashish @ Vipul Mishra & others) by learned Special Judge, SC/ST
(Prevention of Atrocities) Act, District Rewa (M.P.), by which,
charges for commission of offences under Sections 294 of IPC and
Section 302 r/w 34 of IPC; in alternate, Section 302 of IPC and
Sections 3(1)(r), 3(2)(v) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 have been framed against
appellant Shikha Dwivedi is hereby set-aside and as such, present
appellant Shikha Dwivedi is discharged for commission of the
aforesaid offences.
The first review
petition bearing R.P. No.612/2016 (Amit Kumar Mishra vs. State of M.P.
and others) was dismissed on 17.10.2016, when the Court after dismissing
the appeal, recorded the following order:-
Petitioners have filed this petition under Section 482 of Code of Criminal
Procedure, 1973 (in short Cr.P.C.) for quashment of FIR dated 08.11.2022
registered at Crime No.256/2022 at P.S. Mahila Thana Palasia, District Indore
for the offence under Sections 406, 323, 294 and 506 read with Section 34 of
IPC and Section 3/4 of Dowry Prohibition Act and all the subsequent
proceedings arising from criminal case No.12942/2022 (titled State of M.P. Vs.
Ashutosh Kumar Singh and Others) before the JMFC, Indore.
This petition under section 482 Cr.P.C. has been filed with the prayer to quash the impugned Charge-Sheet arising out of case crime no. 39 of 2017, under sections 323,452,504 IPC, Police Station-Jaitpur, District Ambedkar Nagar, cognizance order dated 5.4.2019 and summoning order dated 16.6.2019 passed by Civil Judge (Junior Division), Tanda, Ambedkar Nagar in Criminal Case No. 106 of 2019 State Vs. Ashutosh Mishra and others, non bailable warrant dated dated 24.06.2019 and criminal proceedings of the aforesaid case.
cognizance has been taken by the court
of learned Chief Judicial Magistrate,
Haridwar, whereby a summoning order
dated 02.05.2022, has been issued
against the applicants. As a
consequence, the Criminal Case No.
4857 of 2022 "State Vs. Ashutosh
Mishra and others", was registered.
Appellants h a v e been convicted for commission of offence under
Sections 307 read with Section 120B of IPC and have been sentenced to R.I.
for 3 years each and fine of Rs.2000/- each and under Section 25(1-B) a read
with Section 27(1) of Arms Act and have been sentenced to R.I. for 3 years
each and fine of Rs.1000/- each with default stipulation vide judgment dated
15.12.2022 passed in S.T. No. 194/2020 (State of M.P. vs. Ashutosh and
another) by 3rd Additional Sessions Judge, Betul (M.P.).