Quashed

Kailash and 6 Others v. State of U.P. and Another

Allahabad HC12 Jul 2019A482/15555/2013

Case brief

AI extract

What is this about?

Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings involving Sections 504, 506 IPC and 3(1)(X) SC/ST Act. Proceedings were quashed as parties had entered into a compromise, citing Gian Singh case law.

What did the court decide?

Quashing of complaint case No. 895/9 of 2012 under Sections 504, 506 IPC and 3(1)(X) S.C./S.T. Act pending before A.C.J.M., Banda.

Kailash and 6 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2019)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 15555 of 2013

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Applicant :- Kailash And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- V.K. Mishra,Bishram Tiwari Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Dinesh Kumar Singh-I,J.

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Sri M.P. Yadav, learned counsel for the applicants, Sri Pawan Kumar Yadav, learned counsel for the opposite party no. 2 and Sri G.P. Singh, learned A.G.A. for the State.

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The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint case No. 895/9 of 2012, under Sections 504, 506 IPC & 3(1) (X) S.C./S.T. Act, pending before the A.C.J.M., Banda.

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Sri M.P. Yadav, learned counsel for the applicants has stated that parties have entered into compromise.

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Learned counsel for the opposite party no. 2, Sri Pawan Kumar Yadav, has also stated that parties have entered into compromise.

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Learned counsel for the applicant has further placed reliance upon the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (10) SCC 303 and it has been prayed that proceedings in this case should be quashed.

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Learned A.G.A. has not opposed the quashing of the proceedings in view of law laid down in Gian Singh's case.

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In this case, the opposite party no. 2 had moved an application under Section 156(3) on 13.12.2012 stating that accused-applicants have abused, threatened to kill the opposite party no. 2. The said application was treated as complaint by the trial court and the accused-applicants were summoned to face trial under the above mentioned Sections vide order dated 5.3.2013, which is at page 35.

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Looking to the fact that since both the parties have entered into compromise, hence in view of above law laid down in Gian's case, the proceedings of above mentioned case are hereby quashed as no useful purpose would be served in keeping the proceedings pending there being no chance of accused-applicants being convicted.

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Order Date :- 12.7.2019 A.P. Pandey

Kailash and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Kailash and 6 Others v. State of U.P. and Another

Case brief

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