Allowed

Mohsin and Others v. State of U.P.Thru.Prin.Secy.Home Lko.and Others

Allahabad HC6 Jun 2022/3344/2022

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What is this about?

The High Court allowed an application under Section 482 CrPC seeking to quash criminal proceedings. The court observed that the parties had settled their dispute amicably via a compromise recorded as Annexure-3. Finding that continuation of the proceedings would be an exercise in futility, the court quashed Case No. 382112 of 2012, relying on Supreme Court precedents.

What did the court decide?

Petition allowed and proceedings of Criminal Case No. 382112 of 2012 under Sections 323, 354, 452, 427, 504, 506 IPC are quashed.

Mohsin and Others Vs State of U.P.Thru.Prin.Secy.Home… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 3344 of 2022

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Applicant :- Mohsin And Others Opposite Party :- State Of U.P.Thru.Prin.Secy.Home Lko.And Others Counsel for Applicant :- Irshad Ali Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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1. The petition has been filed seeking quashing entire proceedings of Criminal Case No.382112 of 2012 : State vs Munshi and Ors under Sections 323, 354, 452, 427, 504, 506 IPC pending before Special C.J.M.(Custom), Lucknow relating to Charge Sheet No.110 of 2012: Case Crime No.272A of 2012 Police Station Malihabad, District Lucknow.

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2. Mr.Syed Suleman Abbas, Advocate has put in appearance on behalf of the respondent Nos.2 to 7. Vakalatnama filed by him is taken on record.

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3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the petition. The parties have confirmed the terms of the compromise.

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4. I have considered the submissions of learned counsel for the parties. 5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another : (2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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6. In view of the fact that the parties have settled their dispute outside

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the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings are quashed and proceedings of Criminal Case No.382112 of 2012 : State vs Munshi and Ors under Sections 323, 354, 452, 427, 504, 506 IPC pending before Special C.J.M. (Custom), Lucknow relating to Charge Sheet No.110 of 2012: Case Crime No.272A of 2012 Police Station Malihabad, District Lucknow are hereby quashed.

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Order Date :- 6.6.2022 prateek

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Digitally signed by PRATEEK ARORA Date: 2022.06.06 18:41:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mohsin and Others v. State of U.P.Thru.Prin.Secy.Home Lko.and Others

Case brief

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Mohsin and Others v. State of U.P.Thru.Prin.Secy.Home Lko.and Others

Case brief

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