Allowed

Amit Kumar Singh and 3 Others v. State of U.P. and Another

Allahabad HC19 Sept 2019A482/14863/2017

Case brief

AI extract

What is this about?

The High Court allowed the withdrawal application under Section 482 CrPC. Relying on the Settlement Court's report confirming a valid compromise deed, the Court set aside the proceeding in FIR case no. 601A/2013 arising under Sections 307 and 286 IPC.

What did the court decide?

The criminal proceedings in case no. 2268 of 2013 arising from FIR no. 601A/2013 are set aside and the application is allowed.

Amit Kumar Singh and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 51 Case :- APPLICATION U/S 482 No. - 14863 of 2017 Applicant :- Amit Kumar Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard the learned counsel for the applicant and the learned AGA for the State.

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The present 482 application has been filed with a prayer to quash the entire proceeding of case no. 2268 of 2013 arsing out of case crime no. 601A/2013, Under section 307/286 IPC and the order dated 19.12.2016 and 15.3.2017 in terms of compromise as settled between the parties on 13.4.2017.

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On 18.7.2019, the following order was passed:

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"In view of the statement of learned counsel for the applicants that the dispute between the parties is a private one and they have amicably settled their disputes and differences and have arrived at a compromise, copy of he compromise has been annexed as Annexure-8 to the affidavit accompanying the present application, the Court vide order dated 11.5.2017 directed the applicants to file compromise deed before the A.C.J.M., Allahabad within three weeks from that date and with a further direction to A.C.J.M., Allahabad that he shall verify the same within two months under intimation to this Court.

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It appears that A.C.J.M., Allahabad has not submitted any report in this behalf, though, learned counsel for the applicants has filed certified copy of the order dated 9.5.2018 passed by A.C.J.M., Allahabad in Case No.2268 of 2013 (State vs. Amit Kumar Singh and others), arising out of Case Crime No.601-A of 2013), under Sections 307, 286 I.P.C., P.S. Colonelganj, District Allahabad.

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In view of it, learned A.C.J.M., Allahabad is directed to submit a report in this behalf within three weeks.

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List this case on 8.8.2019.

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Interim order, if any, shall continue to operate till the next date of listing. "

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I have perused the report dated 3.8.2019 of SCJM, Allahabad which categorically records " sulahnama pakshkargan ko padh kar sunaya gaya jise pakshkargan dwara sweeka kiya gaya, sulahnama tasdeek kiya jata hai".

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Thus, in view of the facts and circumstances and the keeping in view the report of the SCJM, Allahabad dated 3.8.2019, the proceedings of the aforesaid case is hereby set aside.

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The instant application is accordingly allowed, as prayed.

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Order Date :- 19.9.2019/Kuldeep

Amit Kumar Singh and 3 Others v. State of U.P. and Another

Case brief

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Amit Kumar Singh and 3 Others v. State of U.P. and Another

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