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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Suraj Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.
2. This application has been filed for the following main relief(s):-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully be prayed that this Hon'ble Court may graciously be pleased to quash the Charge sheet dated 18.10.2023, of Case crime No. 629/2023, U/s- 498-A, I.P.C. & Dowry Prohibition Act, 1961 , at Police Station P.G.I., District Lucknow and order of Cognizance dated 12.12.2023 passed by the learned court of Chief Judicial Magistrate, Lucknow, in the interest of justice."
3. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0629 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -E to the report of Mediation & Conciliation Centre of this Court in Form 5. The relevant portion of settlement between the parties reads as under :-
"6. The following settlement has been arrive
Mutual settlements in matrimonial disputes can lead to quashing of criminal proceedings under Section 498-A IPC and the Dowry Prohibition Act when the likelihood of conviction is minimal.
The court can quash criminal proceedings based on an amicable settlement between the parties, as per the inherent power under Section 482 Cr.P.C. and established legal principles.
The duty of the courts to encourage genuine settlements of matrimonial disputes and the applicability of Section 320 of the Code of Criminal Procedure in allowing the quashing of criminal proceedings....
The main legal point established is that in matrimonial disputes, if the parties settle their disputes amicably and obtain a divorce on mutual consent, with the wife receiving permanent alimony, the ....
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