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Under Section 482 Cr.P.C., FIR can be quashed in terms of the settlement: Allahabad High Court

Section 482 of CrPC for Quashing of FIR: The Hon’ble Supreme Court after discussing various precedents on the subject summarized the following broad principles in relation to Section 482 for quashing FIRs. Section 482 preserves the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice.

Allahabad High Court in case of Ishwar Singhal @ Tinu & Others vs State of UP. Thru.Prin.Secy.Home.Lko & Others(U/S 482/378/407 No. – 1979 of 2020) learned bench led by HONOURABLE JUSTICE RAJEEV SINGH, opined that the FIR can be quashed in terms of the settlement.

This application (u/s 482 Cr.P.C.) has been filed with a request that the matter may be referred to the Mediation and Conciliation Centre of this Court in relation to FIR, under sections 323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, and also quashed the entire proceeding in relation to FIR.

 

SUBMISSIONS MADE BY THE COUNSELS: Learned AGA raised a preliminary objection, claiming that because the investigation is still ongoing in this case, the First Information Report and its subsequent proceedings are being challenged, and thus the application (u/s 482 Cr.P.C.) is not maintainable under the law laid down by the Full Bench of this Court in the case of Ram Lal Yadav and Others vs. The State of U.P. and Others.

Counsel for the applicant has submitted that the marriage of the applicant was solemnized with the opposite party and they were enjoying their matrimonial life and out of their wedlock, two children were born but due to some issues, FIR in question was lodged by the opposite party. In the present case, the investigation was started and mediation was also initiated before the court, but the applicant was not satisfied with the mediation proceeding initiated hence, the present application (u/s 482 Cr.P.C.) was filed with the consent of both the counsels.

JUDGEMENT: After the discussions made the Hon’ble court held that the present application (u/s 482 Cr.P.C.) is allowed and First Information Report No.501 of 2019, under Sections 323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961 is hereby quashed

JUDGEMENT REVIEWED BY RIYA DWIVEDI

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