Allowed

Surendra Kumar and 2 Others v. State of U.P. and Another

Allahabad HC19 Nov 2018A482/36159/2016

Case brief

AI extract

What is this about?

The Court quashed the proceedings in a criminal case arising out of a disputed matter between a mother and son. Relying on Supreme Court precedents, the Court held that since the dispute was settled and no useful purpose would be served by continuing proceedings, the charge sheet and case were quashed under Section 482 Cr.P.C.

What did the court decide?

The proceedings in Case No. 4169 of 2015 arising out of Crime No. 62 of 2015 under Sections 419, 420, 120B, 504, 506 I.P.C. were quashed.

Surendra Kumar and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 26

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Case :- APPLICATION U/S 482 No. - 36159 of 2016

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Applicant :- Surendra Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Tiwari,Rajesh Kumar

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Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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An Affidavit filed today on behalf of opposite party no. 2 is taken on record.

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Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicants, learned AGA for the State and Sri Shiv Nath, learned counsel for opposite party no. 2.

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The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet No. 94 of 2015 as well as entire proceedings of Case No. 4169 of 2015 (State Vs. Surendra and others), arising out of Case Crime No. 62 of 2015, under Sections 419, 420, 120B, 504, 506 I.P.C., Police Station Chandauli, District Chandauli.

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Learned counsel for the applicants states that the present dispute is between the mother and son and the matter has been compromised between them and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.

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Sri Shiv Nath, learned counsel for opposite party no. 2 has filed affidavit and supported the case of the applicants. In paragraphs 3 and 5 of the affidavit, it is clearly mentioned that disputes have been settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case. Along with affidavit, compromise deed dated 182.2016 has also been annexed as Annexure No. 1 to said the affidavit.

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In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of

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Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another) , the proceedings in Case No. 4169 of 2015 (State Vs. Surendra and others), arising out of Case Crime No. 62 of 2015, under Sections 419, 420, 120B, 504, 506 I.P.C., Police Station Chandauli, District Chandauli, is hereby quashed.

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The present application is, accordingly, allowed.

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Order Date :- 19.11.2018 Rmk.

Surendra Kumar and 2 Others v. State of U.P. and Another

Case brief

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Surendra Kumar and 2 Others v. State of U.P. and Another

Case brief

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