Allowed

Maish Mandhyan v. State of Up and Another

Allahabad HC9 Mar 2018A482/7615/2018

Case brief

AI extract

What is this about?

The Hon'ble Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings against the applicant. Based on a joint compromise affidavit indicating no genuine objection and mutual settlement of differences, the Court invoked Supreme Court law to quash the case.

What did the court decide?

Quashing of criminal case no.1612 of 2017 and charge sheet dated 18.3.2017.

Maish Mandhyan Vs State of Up and Another — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 52 Case :- APPLICATION U/S 482 No. - 7615 of 2018 Applicant :- Manish Mandhyan Opposite Party :- State Of Up And Another Counsel for Applicant :- Shad Khan Counsel for Opposite Party :- G.A.

¶2

Hon'ble Rajul Bhargava,J.

¶3

Heard Sri Shad Khan, learned counsel for the applicant, Sri Mumtaz Ali, learned AGA for the State and perused the record.

¶4

Present application has been filed by the applicant with the prayer to quash the entire proceedings of criminal case no.1612 of 2017 (State Vs. Manish Mandhyan) and charge sheet dated 18.3.2017 arising out of case crime no.189 of 2016, under Sections 406, 354-B, 504, 506 IPC, P.S. Mutthiganj, District Allahabad.

¶5

Learned counsel for both the parties in the joint compromise affidavit filed before the Court has stated that on account of some bad advise and ill will, first information report was lodged by opposite party no.2 against the applicant. It is further submitted that opposite party no.2 is major and the amount which was given to applicant by the opposite party no.2 has been returned and, thus, they have mutually agreed to settle all their differences by way of compromise, therefore, they do not proceed any further. It is further submitted that she has no objection if the proceedings are quashed. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.

¶6

I have perused the allegations made in the first information report and the averments made in the joint compromise.

¶7

In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.

¶8

Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.

¶9

A copy of this order be certified to the lower court forthwith.

¶10

Order Date :- 9.3.2018/Hasnain

Maish Mandhyan v. State of Up and Another

Case brief

What is this about?

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Maish Mandhyan v. State of Up and Another

Case brief

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