Allowed

Chandra Murat Chaube C.M. Chaube and 2 Others v. State of U.P. and Another

Allahabad HC19 Sept 2019A482/20625/2017

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the high court quashed a criminal case involving IPC offences where parties submitted a joint affidavit confirming a mutual compromise and withdrawal of the complaint, holding no useful purpose would be served in continuation.

What did the court decide?

Chargesheet and entire criminal proceedings in case no. 4463 of 2016 set aside.

Chandra Murat Chaube C.M. Chaube and 2 Others Vs State of… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 20625 of 2017

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Applicant :- Chandra Murat Chaube C.M. Chaube And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicants, Sri Dhirendra Bahadur Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. petition has been filed for quashing the chargesheet and entire criminal proceedings in case no. 4463 of 2016, Under section 406, 323, 504, 506 IPC, P.S. Etmaddaula, District Agra ( Case Crime No. 870 of 2015) pending before the court of Additional Chief Judicial Magistrate, VII, Agra.

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Today when the case has been taken up, a joint affidavit has been filed being that of applicant no. 1 and opposite party no. 2, wherein it has been mentioned that the partied have entered into a compromise and they have no objections if the present proceedings is quashed including the chargesheet.

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Learned counsel for opposite party no.2 has not disputed the aforesaid facts. He further contended opposite party no.2 does not want to proceed with the present case against the applicants and the same may be allowed.

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In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another , the proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly allowed, as prayed.

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Order Date :- 19.9.2019 Kuldeep

Chandra Murat Chaube C.M. Chaube and 2 Others v. State of U.P. and Another

Case brief

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Chandra Murat Chaube C.M. Chaube and 2 Others v. State of U.P. and Another

Case brief

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