Allowed

Ashok Kushwaha and Others v. State of U.P.

Allahabad HC2 Nov 2018A482/9489/2013

Case brief

AI extract

What is this about?

The court quashed criminal proceedings under Section 482 Cr.P.C. and relevant IPC/SC/ST Act sections. The applicants demonstrated a mutual compromise between parties, and the court held that no useful purpose would be served in continuing the proceedings.

What did the court decide?

The proceedings in Criminal Case No.71 of 2013 arising out of Case Crime No.1121A of 2012 are hereby quashed.

Ashok Kushwaha and Others Vs State of U.P. — Caste Atrocities | Allahabad HC (2018)

¶1

Court No. - 60

¶2

Case :- APPLICATION U/S 482 No. - 9489 of 2013

¶3

Applicant :- Ashok Kushwaha And Others Opposite Party :- State Of U.P. Counsel for Applicant :- V.K.S. Kushwaha Counsel for Opposite Party :- Govt. Advocate

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard Sri V.K.S. Kushwaha, learned counsel for the applicants, learned AGA for the State and Sri A.K. Malviya, learned counsel for opposite party no. 2.

¶6

The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 17.1.2013 in Criminal Case No.71 of 2013 arising out of Case Crime No.1121A of 2012, under Sections 147, 323, 504, 506 IPC and 3(1)X SC/ST Act, Police Station Birno, District Ghazipur.

¶7

Learned counsel for the applicants has submitted that Sri A.K. Malviya, learned counsel for opposite party no. 2 has filed application dated 18.10.2018 along with certified copy of the compromise deed dated 4.9.2018 and stated that both the parties have entered into compromise. Certified copy of the said compromise filed along with compromise affidavit is available on record.

¶8

Learned counsel for the applicants states that the matter has been compromised and the respondent 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 is finally decided.

¶9

Sri A.K. Malviya, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quashed the entire proceeding of the aforesaid case.

¶10

In view of above, the applicants and respondent 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.

¶11

Thus in view of the well settled principle of law as laid down

¶12

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 Burea of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings in Criminal Case No.71 of 2013 arising out of Case Crime No.1121A of 2012, under Sections 147, 323, 504, 506 IPC and 3(1)X SC/ST Act, Police Station Birno, District Ghazipur is hereby quashed.

¶13

The present application is, accordingly, allowed .

¶14

Order Date :- 2.11.2018 Arvind

Ashok Kushwaha and Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok Kushwaha and Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mast Charan and Others Vs State

Umesh Chandra Mishra and Another Vs State of U.P. and 2 Others

Smt. Chaman Devi Vs State of U.P. and 4 Others

Smt. Anita Rani and Another Vs State of U.P. and Another

Bheemsen and Others Vs State of U.P. and Another

Naseema Khan Vs State of U.P. and Another