Allowed

Om Prakash Jaiswal and 5 others v. State of U.P. and another

Allahabad HC2 Dec 2019A482/11061/2018

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court quashed the summons order and subsequent criminal proceedings after the mediation centre reported that the parties had reached an amicable settlement via a dated agreement. The court found no purpose in continuing the trial following the compromise.

What did the court decide?

The proceedings in complaint case No. 6094 of 2017 under sections 504, 506, 406 IPC and DP Act were quashed.

Om Prakash Jaiswal and 5 others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 11061 of 2018

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Applicant :- Om Prakash Jaiswal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.B. Sahai,Akhilesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants and learned A.G.A.

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This application under section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 12.2.2018 passed by C.J.M. Ballia in complaint case No. 6094 of 2017, Vijay Shankar Jaiswal Vs. Om Prakash, Jaiswal and others, under section 504, 506, 406 I.P.C. and 3/4 of D.P.Act P.S Kotrwali, District Ballia, pending in the court of C.J.M. Ballia.

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This Court vide order dated 5.4.2018 has referred the matter to the mediation centre in order to enable the parties for amicble settlement of the dispute. The mediation centre vide its report dated 20.11.2018 has submitted report stating therein that the mediation has been completed and the parties have reached amicable settlement. The copy of the settlement agreement dated 20.11.2018 has been annexed with the report of the mediation centre dated 20.11.2018.

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Learned counsel for the applicants has submitted that in view of the settlement agreement dated 20.11.2018 between the parties, the entire proceeding of the aforementioned case be quashed.

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Learned A.G.A. has also submitted that in view of the settlement agreement dated 20.11.2018, the proceedings against the applicants be quashed.

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This Court is not unmindful of the judgements of the Apex Court in the cases of:

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B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675

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Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677]

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Manoj Sharma Vs. State and others ( 2008) 16 SCC 1

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Gian Singh Vs. State of Punjab (2012) 10 SCC 303

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Narindra Singh and others Vs. State of Punjab ( 2014) 6

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SCC 466.

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Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the proceedings of complaint case No. 6094 of 2017, Vijay Shankar Jaiswal Vs. Om Prakash, Jaiswal and others, under section 504, 506, 406 I.P.C. and 3/4 of D.P.Act P.S Kotwali, District Ballia, pending in the court of C.J.M. Ballia are hereby quashed.

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The application is, accordingly, allowed. There shall be no order as to costs.

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Order Date :- 2.12.2019 R

Om Prakash Jaiswal and 5 others v. State of U.P. and another

Case brief

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Om Prakash Jaiswal and 5 others v. State of U.P. and another

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