Allowed

Amit Kumar and 6 Others v. State of U.P. and Another

Allahabad HC6 Sept 2021A482/4848/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous application, the Court quashed the proceedings of Criminal Case No. 1267 of 2019 arising from a forcible confinement incident. Relying on Supreme Court precedents, the Court allowed the application based on a verified compromise reached between the parties.

What did the court decide?

The proceedings of Case Crime No. 103 of 2017 and Criminal Case No. 1267 of 2019 are here by quashed.

Amit Kumar and 6 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 4848 of 2021

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Applicant :- Amit Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.,Anil Kumar Mishra

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 1267 of 2019 (State Vs. Amit Kumar & Others) arising out of Case Crime No. 103 of 2017, Under Sections 147, 452, 323, 336, 504, 427, I.P.C., P.S.- Sarain Mumrej, District- Allahabad, in terms of the compromise.

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It is submitted that on account of intervention of their wellwishers, a compromise has been arrived at between the parties. S. This fact of compromise has been confirmed and nodded in affirmative by the counsel for the opposite party no.2 and it has been jointly submitted that there would be no harm and error, it would be in the interest of justice that the proceedings may be quashed in the light of the compromise. The said compromise has been filed before the court concerned.

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Pursuant to the order dated 5.7.2021 it was directed that "parties shall appear before the Court below along with a copy of this order within two weeks from today and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a short date for the verification of the compromise entered into between the parties and pass an appropriate order within a period of three weeks thereafter and sent a report to this Court.

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Pursuant to order of this Court dated 5.7.2021 report of the learned Additional Chief Judicial Magistrate Court No. 7, Allahabad, dated 2.8.2021 has been placed on record, whereby the compromise entered between the parties has been verified.

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The attention of This Court has been drawn to the following judgements of the Apex Court:-

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1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC

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675

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2. Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677]

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3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,

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4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303

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5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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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.

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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.

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In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

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The application is, accordingly, allowed . There shall be no order as to costs.

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Let a copy of the order be transmitted to the Court below immediately.

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Order Date :- 6.9.2021 S.Verma

Amit Kumar and 6 Others v. State of U.P. and Another

Case brief

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Amit Kumar and 6 Others v. State of U.P. and Another

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