Allowed

Kapil Gaur and 4 Others v. State of U.P. and Another

Allahabad HC10 Oct 2018A482/13870/2013

Case brief

AI extract

What is this about?

Single judge High Court allowed quashing of criminal proceedings under Section 482 Cr.P.C. regarding IPC offences and D.P. Act due to amicable settlement rendering conviction remote and continuation causing hardship, citing Gian Singh.

What did the court decide?

Quashed proceedings of case No.1953 of 2012 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act pending in ACJM-VIII Ghaziabad along with the impugned chargesheet.

Kapil Gaur and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 44 Case :- APPLICATION U/S 482 No. - 13870 of 2013 Applicant :- Kapil Gaur And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.P. Singh,Sunil Singh Counsel for Opposite Party :- Govt. Advocate,Deepak Rana,Rajesh Kumar Tripathi

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Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the applicants and learned Additional Government Advocate for the State.

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The instant petition under section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceedings of case No.1953 of 2012, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 of D.P.Act, P.S. Mahila Thana, District Ghaziabad and impugned chargesheet submitted in case crime no.15 of 2012 pending in the court of Additional Chief Judicial Magistrate-VIII Ghaziabad.

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Learned counsel for the parties state that both the parties have settled their dispute amicably. They do not want to pursue further proceedings of the aforesaid case.

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Sri R.P. Singh, learned counsel for the applicants has handed over a draft bearing No.237575 of Panjab National Bank of Rs.2 lac dated 04.09.2018 to Sri Deepak Rana, learned counsel for the respondent no.2 in terms of compromise deed dated 29.06.2018, original photocopy of the same has been filed as Aannexure SA-1 to the supplementary affidavit.

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Learned counsel for the applicants has relied upon the judgments of the Supreme Court rendered in the case of Gian Singh vs. State of Punjab and another, (2012) 10 Supreme Court Cases 303, in Para 58 and 61 of the report it has been held that in view of amicable settlement of the dispute, if chance of conviction is remote and continuation of the criminal case would cause extreme hardship to the accused-applicant. The criminal proceedings of such a nature can be quashed by the High Court exercising powers under Section 482 Cr.P.C.

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Since the accused-applicants and complainant opposite party no.2 have settled their dispute outside the Court. There would be no evidence during trial against the present applicant and his chances of conviction become remote, in such factual scenario, continuation of criminal case would cause hardship to the accused-applicant.

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The present case is squarely covered by the observation of the Supreme Court, hence, the application under section 482 Cr.P.C. is allowed.

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The proceedings of case No.1953 of 2012, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 of D.P.Act, P.S. Mahila Thana, District Ghaziabad and impugned chargesheet submitted in case crime no.15 of 2012 pending in the court of Additional Chief Judicial Magistrate-VIII Ghaziabad are hereby quashed.

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Order Date :- 10.10.2018 Asha

Kapil Gaur and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kapil Gaur and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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