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2025 DAILYLAW 166270 (ALL)

RAM SINGH YADAV AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME AND 3 OTHERS

A482/9182/2022 · 2025-05-14

Manish Kumar

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28513 Court No. - 14 Case :- APPLICATION U/S 482 No. - 9182 of 2022 Applicant :- Ram Singh Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home And 3 Others Counsel for Applicant :- Ruchir,Akshay Kumar Singh,Anil Pratap Singh Counsel for Opposite Party :- G.A.,Haider Ali Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. 2. The present application has been filed by the applicants for the following main relief(s):- "i. an order or direction to quash the impugned chargesheet dated 12.06.2021 in Case Crime No. 234/2019 under Section 498-A. 504 and 506 of the Indian Penal Code, 1860, 3, 4 of the Dowry Prohibition Act, 1961 and Section 3(1)(r) and 3(1)(s) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at P.S. Krishna Nagar, district Lucknow Central (Commissionerate Lucknow) contained in Annexure No. 2 with this petition and other consequential proceedings initiated at I d Special Judge (SC/ST Act), Lucknow, under Section 498-A. 504 and 506 of the Indian Penal Code, 1860; 3, 4 of the Dowry Prohibition Act. 1961 and Section 3(1)(r) and 3(1)(s) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at P.S. Krishna Nagar, district Lucknow Central (Commissionerate Lucknow) including the order dated 28.09.2022 passed by the Ld. Special Judge (SC/ST Act), Lucknow contained in Annexure No. 3 with this petition. ii. an order or direction stay the arrest of the humble petitioner in pursuance to the Case Crime No. 234/2019 under Section 498-A. 504 and 506 of the Indian Penal Code, 1860; 3, 4 of the Dowry Prohibition Act, 1961 and Section 3(1)(r) and 3(1)(s) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989." 3. It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 09.12.2022 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. The same is quoted hereinbelow:- "Heard Shri Akshay Kumar Singh, learned counsel for the petitioners, Shri Arun Kumar Pandey, learned A.G.A. for the State/respondents no.1 to 3 and perused the material brought on record. It has been argued by the learned counsel for the applicants that the marriage between respondent no.4-Neetu and applicant no.1-Ram Singh Yadav was solemnized on 13.10.2013. He further argued that after marriage, some dispute arose between the applicant no.1 and respondent no.4, on account of which, Case Crime No.234 of 2019, under Sections 498-A, 504, 506 1.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961 and Sections 3 (1)(r), 3(1)(s) of the Scheduled Castes & the Scheduled Tribes (Prevention of Attrocities) Act, 1989 has been lodged by the respondent no.4 roping the entire family of her husband-applicant no.1, containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non-fulfillment of the alleged demands of dowry, she was being tortured and maltreated by them in her matrimonial home. He further argued that the present matter be referred to Mediation & Conciliation Centre of this Court being matrimonial in nature as there are chances of compromise between the parties. Taking into account the statement of learned counsel for the applicants, this Court pass the following order :- (1) The applicant no.1, who is the husband of respondent no.4, shall deposit a sum of Rs.50,000/- with the Mediation Centre by way of bank draft drawn in favour of Mediation and Conciliation Centre, High Court, Lucknow, out of which a sum of Rs.25,000/- shall be payable to victim/respondent no.4- Neetu, on her first appearance before the Mediation and Conciliation Centre of this Court and remaining amount, i.e. Rs.25,000/- shall be payable to victim/respondent no.4 -Neetu, on completion of mediation proceedings between the parties. (ii) The applicants are directed to take steps within a week. (iii) The office, upon deposit of the Bank draft by the applicant no.1, shall issue notice within a week to respondent no.4, Neetu (wife of applicant no.1), calling upon her to appear in the Mediation and Conciliation Centre of this Court at Lucknow on a date to be indicated in the said notice stating therein that she shall be delivered the bank draft of Rs.25,000/- on her first appearance before the Mediation Centre on the date fixed. (iv) Both the parties, i.e. applicant no. 1 and respondent no.4, are directed to appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. (v) It is clarified that the amount so deposited by the applicant no.1 shall be adjusted in the final settlement arrive at between the parties, if any. (vi) The Mediation and Conciliation Centre shall submit a report within two months from the date of parties appearing before it for reconciliation. (vii) List thereafter along with report of Mediation and Conciliation Centre. (viii) Till the next date of listing, the arrest of the applicants, Ram Singh Yadav, Meera Devi, Sadanand Yadav, in Case Crime No. 234 of 2019, under Sections 498A, 504, 506 L.P.C., Section 3/4 of the Dowry Prohibition Act, 1961 and Sections 3 (1)(r), 3(1)(s) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989, police station Krishna Nagar, district Lucknow Central (Commissionerate), Lucknow shall remain stayed. (ix) It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office, which, in turn, shall list the case within a week before the Bench concerned for passing appropriate order in the matter." 4. It also appears that in compliance of order of this Court dated 09.12.2022, a SETTLEMENT AGREEMENT has entered into between applicant/husband and opposite party No. 4 / wife on 18.10.2023. The Mediation and Conciliation Centre has sent its report along with the settlement agreement, which is on the record. 5. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties in the mediation proceedings as mentioned above, the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. 6. In view of above, the present application is allowed. Consequently, the entire proceeding, quoted above, are hereby quashed as far as it is related to the applicants. 7. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 14.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench