Court quashed a charge sheet and cognizance order under Section 482 Cr.P.C. in a cheating case after parties filed a joint affidavit confirming a settlement/compromise dated 2.2.2019.
Charge sheet dated 21.12.2017, cognizance order dated 20.2.2018 and Case No. 1143 of 2018 quashed.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 16395 of 2018
Applicant :- Ashok Kumar Alias Ahsok Rajpoot Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.,Salman Ahmad
Hon'ble Rajiv Joshi,J.
Joint affidavit filed today is taken on record.
Heard Sri Avdhesh Narayan Tiwari, learned counsel for the applicant and Sri Salman Ahmad, learned counsel for O.P. No.2 as well as learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 21.12.2017 and cognizance order dated 20.2.2018 as well as the further proceedings of Case No. 1143 of 2018 (State Vs. Ashok Rajpoot) in Case Crime No. 463 of 2017, under Sections 447, 506, 420 IPC, Police Station Kotwali Orai, District Jalaun, pending in the Court of Chief Judicial Magistrate, Jalaun.
From the perusal of the joint affidavit filed by applicant no.1 and O.P. No.2, it is apparent that they have entered into a settlement/compromise dated 2.2.2019, in which it is stated that the O.P. No. 2 have no objection, in case the present proceedings are quashed. The said compromise is appended as annexure no. 1 to the joint affidavit.
In view of the above statement made by the parties in the joint affidavit, the charge sheet dated 21.12.2017 and cognizance order dated 20.2.2018 as well as Case No. 1143 of 2018 (State Vs. Ashok Rajpoot) in Case Crime No. 463 of 2017, under Sections 447, 506, 420 IPC, Police Station Kotwali Orai, District Jalaun, pending in the Court of Chief Judicial Magistrate, Jalaun are hereby quashed.
The application stands allowed.
Order Date :- 1.8.2019 Akbar
1 issue framed by the court
Whether the proceedings under Sections 447, 506, 420 IPC arising from cheating compounding cases should be quashed upon settlement.
1 provisions across 1 enactments
Ashok Kumar Alias Ahsok Rajpoot
Rajiv Joshi
As recorded by the court registry
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