Criminal court allowed a Section 482 Cr.P.C. application to quash proceedings for cheating, fraud, and criminal conspiracy. The court noted a compromise and lack of useful purpose in continuing the case.
Proceedings of Case Crime No. 0393 of 2018 (State Vs. Ran Vijay Singh) under Sections 419, 420, 406, and 120-B IPC were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- APPLICATION U/S 482 No. - 13601 of 2020
Applicant :- Ran Vijay Singh And And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A., Anjani Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the parties and perused the record of this case.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case Crime No. 0393 of 2018 (State Vs. Ran Vijay Singh and another) under Sections 419, 420, 406, and 120-B IPC, P.S. Cantt., District - Varanasi.
The argument is that the parties have entered into compromise, as per averment made in para - 4 of the supplementary affidavit, filed in support of this application.
Sri Anjani Kumar, Advocate, who has put in appearance on behalf of O.P. No. 2, has filed a counter affidavit stating that the parties have entered into compromise and do not want to proceed with the present case.
This Court is not unmindful of the judgements of the Apex Court in the cases of:
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
In the aforesaid cases, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of Case Crime No. 0393 of 2018 (State Vs. Ran Vijay Singh and another) under Sections 419, 420, 406, and 120-B IPC, P.S. Cantt., District - Varanasi are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 6.1.2021 LBY
1 issue framed by the court
Whether proceedings under Sections 419, 420, 406, and 120-B IPC should be quashed upon expiry of the limitation period and compromise between parties.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and anotherReferred¶9
B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of InvestigationReferred¶9
Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677] · Who else cites this
Manoj Sharma Vs. State and othersReferred¶9
Manoj Sharma Vs. State and others ( 2008) 16 SCC 1, · Who else cites this
Gian Singh Vs. State of PunjabReferred¶9
Gian Singh Vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narindra Singh and others Vs. State of PunjabReferred¶9
Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. · Who else cites this
Shaifullah and others Vs. State of U.P. And anotherExplained¶15
Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278]
2 provisions across 2 enactments
Ran Vijay Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
