Allowed

Bhagwan Deen and Another v. State of U.P.and Another

Allahabad HC10 May 2019A482/11261/2019

Case brief

AI extract

What is this about?

In an application seeking quashing of criminal proceedings under S. 482 Cr.P.C., the court set aside the charge sheet and summons order due to a verified mutual settlement between the applicant and the private complainant, deeming further litigation unnecessary.

What did the court decide?

Quashed the entire criminal proceedings, charge sheet no.97 of 2018 and summoning order dated 25.09.2018 in Criminal Case No.2714.

Bhagwan Deen and Another Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 11261 of 2019

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Applicant :- Bhagwan Deen And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shri Chandra Counsel for Opposite Party :- G.A.,Shyam Singh

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants, Sri Shyam Singh, learned counsel for the opposite party No.2 and the learned A.G.A. for the State-respondent.

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By way of the instant application, the applicants have sought quashment of the entire proceeding as well as charge sheet no.97 of 2018 dated 29.07.2018 and the summoning order dated 25.09.2018 passed by the court below in Criminal Case No.2714 of 2018 State Vs. Bhagwandeen and another, arising out of Case Crime No.72 of 2018, under Sections 406, 504, 506, 420 I.P.C., Police Station Atarra, District Banda, pending in the court of the Chief Judicial Magistrate, Banda.

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It is contended by the learned counsel for the applicants that the compromise has been reached between the parties, the same has been verified by the court below and attention of the Court has been engaged to the report of the Chief Judicial Magistrate, Banda, dated 12.04.2019 whereby fact of the verification of compromise deed has been disclosed. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another in support of his contention.

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It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicants is liable to be quashed in terms of the compromise between the parties.

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Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.

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In view of the fact that the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them.

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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 above, the entire proceeding as well as charge sheet no.97 of 2018 dated 29.07.2018 and the summoning order dated 25.09.2018 passed by the court below in Criminal Case No.2714 of 2018 State Vs. Bhagwandeen and another, arising out of Case Crime No.72 of 2018, under Sections 406, 504, 506, 420 I.P.C., Police Station Atarra, District Banda, pending in the court of the Chief Judicial Magistrate, Banda, are hereby set aside.

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Accordingly, the present application is allowed.

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Let a copy of this order be sent to the court below for necessary information and follow up action.

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Order Date :- 10.5.2019 rkg

Bhagwan Deen and Another v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Bhagwan Deen and Another 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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