Allowed

Raman Bhan and 2 Others v. State of U.P. and Another

Allahabad HC11 Jan 2021A482/15847/2020

Case brief

AI extract

What is this about?

The court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. Relying on the mutual settlement entered between the parties, the court held that no useful purpose would be served by continuing the proceedings and set aside the F.I.R. and summoning order.

What did the court decide?

Proceedings of Case no. 19852 of 2018 and summons order dated 20.8.2018 are set aside.

Raman Bhan and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 15847 of 2020

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Applicant :- Raman Bhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.,J.B. Singh

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants, Sri J.B. 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 proceeding of Case no. 19852 of 2018 (State vs. Raman Bhan and others), under Sections 420, 468 and 506 I.P.C., P.S. Noida Sector-39, districtGautam Budh Nagar, pending in the Court of Chief Judicial Magistrate, Gautam Budh Nagar, as well as summoning order dated 20.8.2018.

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Learned counsel for the applicant has argued that the parties have entered into compromise, copy of which has been filed as Annexure-SA1 to the supplementary affidavit accompanying present petition.

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Sri J.B. Singh, learned counsel for the opposite party no. 2 states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case be finally decided.

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In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, 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 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another) , the proceedings of the Case no. 19852 of 2018 (State vs. Raman Bhan and others), under Sections 420, 468 and 506 I.P.C., P.S. Noida Sector-39, district-Gautam Budh Nagar, pending in the Court of Chief Judicial Magistrate, Gautam Budh Nagar, is hereby set aside.

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The present application is accordingly allowed.

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Order Date :- 11.1.2021 Faridul

Raman Bhan and 2 Others v. State of U.P. and Another

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Raman Bhan and 2 Others v. State of U.P. and Another

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