Allowed

Dr. Rajendra Kumar Saini v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Allahabad HC7 Jul 2022/1986/2022

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings originating from a civil dispute over a house sale. Finding that the parties had amicably settled their differences and the applicant agreed to withdraw pending civil suits, the court held quashing to meet the interest of justice.

What did the court decide?

The charge sheet/police report dated 3.3.2021 under Sections 447 IPC, 3(2)(va) SC/ST Act in FIR No.366 of 2019 and the entire proceedings of Session Case No.1232 of 2021 are quashed.

Dr. Rajendra Kumar Saini Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 1986 of 2022

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Applicant :- Dr. Rajendra Kumar Saini Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Nutan Thakur,Raghvendra Kumar Saini Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet/police report under Section 173 Cr.P.C. dated 3.3.2021 under Section 447 IPC and Section 3(2)(va) SC/ST Act in FIR No.366 of 2019, under Sections 447, 323, 504, 506 IPC and Section 3(2)(va) SC/St Act, Police Station Chinhat, District Lucknow and the entire proceedings of Session Case No.1232 of 2021, State vs. Rajendra Kumar Saini, pending in the court of Special Court, SC/ST Act, Lucknow.

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In compliance of the order dated 22.4.2022, the petitioner is present in person. However, opposite party nos.3 and 4 are represented by Sri Arumendra Mohan Shukla and Sri Prashant Arora and their Vakalatnamas have been tendered and are taken on record.

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The impugned proceedings are result of civil dispute between the parties in respect of the sale of House No.4/6, Rail Vihar, Vikalp Khand, Gomti Nagar, Lucknow. An agreement to sale was executed on 28.10.2017 in respect of the said house. However, it appears that the dispute arose between the parties as the sale deed was not executed by the owner i.e. opposite party no.4. The petitioner has filed two suits bearing Nos.2505 of 2018 and 203 of 2019 before the Civil Court regarding injunction and specific performance of the agreement to sale dated 28.10.2017.

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After the parties have settled their dispute amicably outside the Court, the sale deed has been executed by opposite party no.4 on 6.4.2021 and possession of the said property has been given to the petitioner.

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Petitioner, Dr. Rajendra Kumr Saini, who is present in person, states that he will withdraw the two suits bearing nos.2505 of 2018 and 203 of 2019, which he has instituted and would not proceed further in the suits.

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Counsels representing opposite party nos.3 and 4 stated that if the petitioner is willing to withdraw the two suits, they have no objection to quash the impugned proceedings.

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The impugned proceedings are result of civil dispute between the parties and now the parties have settled their dispute amicably outside the Court, and the petitioner has stated before the Court that he will withdraw the two suits filed by him, it would meet the interest of justice if the impugned proceedings are quashed.

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Petition is accordingly allowed and the charge sheet/police report under Section 173 Cr.P.C. dated 3.3.2021 under Section 447 IPC and Section 3(2)(va) SC/ST Act in FIR No.366 of 2019, under Sections 447, 323, 504, 506 IPC and Section 3(2) (va) SC/St Act, Police Station Chinhat, District Lucknow and the entire proceedings of Session Case No.1232 of 2021, State vs. Rajendra Kumar Saini, pending in the court of Special Court, SC/ST Act, Lucknow, are hereby quashed.

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Order Date :- 7.7.2022 Rao/-

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Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.07.07 17:59:34 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Dr. Rajendra Kumar Saini v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Dr. Rajendra Kumar Saini v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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