Allowed

Harbhajan Singh and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC29 Jul 2022/4510/2022

Case brief

AI extract

What is this about?

The court allowed a petition under Section 482 CrPC to quash criminal proceedings for offences under IPC Sections 323, 504, 506, 452, and 427. Based on a compromise deed executed by the parties cited as an exercise in futility.

What did the court decide?

Quashing of criminal proceedings under IPC Sections 323, 504, 506, 452, and 427 and the summoning order dated 04-06-2018.

Harbhajan Singh and Another Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 10

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Case :- APPLICATION U/S 482 No. - 4510 of 2022

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Applicant :- Harbhajan Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Aman Kumar Shrivastav,Nagendra Pratap Singh Counsel for Opposite Party :- G.A.,Suraj Singh Visen

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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 entire criminal proceedings of Case No. 2186/2021, Vijay Pal Vs. Harbhajan Singh and Others, under sections 323,504,506,452,427 I.P.C., Police Station-Paliya, district-Kheri, pending before the IIIrd Additional Judicial Magistrate, Lakhimpur Kheri, as well as the summoning order dated 04-06-2018 passed by the court below.

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Learned counsel for the petitioners prays for quashing of the impugned proceedings on the ground of compromise arrived at between the parties i.e., the petitioners, who are the accused and respondent no. 2, who is Complainant in this case.

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In compliance of order dated 15-07-2022 passed by this court, the parties are present in person before this court and they are duly identified by their respective counsels namely Sri Aman Kumar Srivastava, learned counsel for the petitioners and Sri Suraj Singh Visen, learned counsel for respondent no. 2.

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When this court interacted with respondent no. 2(Complainant), he submits that he has settled the dispute with the petitioners outside the court and he has put his signature on the compromise deed, which has been placed on record as Annexure No. 4 to the petition and he also stands by the said compromise. Respondent no. 2 (Complainant) further submits that he does not want to prosecute the petitioners and he wants to live with them peacefully without any criminal case and therefore, the impugned proceedings may be quashed.

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Mr. Suraj Singh Visen, learned counsel appearing for respondent no. 2 also supports the petition and submits that parties have arrived at compromise and this Court in the interest of justice may quash the proceedings.

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I have considered the submissions of learned counsel for the parties.

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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

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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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Considering the aforesaid aspect, the present petition is allowed and the entire criminal proceedings of Case No. 2186/2021, Vijay Pal Vs. Harbhajan Singh and Others, under sections 323,504,506,452,427 I.P.C., Police StationPaliya, district-Kheri, pending before the IIIrd Additional Judicial Magistrate, Lakhimpur Kheri, as well as the summoning order dated 04-06-2018 passed by the court below,are hereby quashed.

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Since the parties have wasted valuable time of this court, set with judicial process in motion, therefore, it would be appropriate to burden the petitioners with some costs.

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Considering the aforesaid fact, the petitioners are directed to deposit a sum of Rs. 30,000/-(Rs. Thirty Thousand) in the Current Account No. 10059000316, State Bank of India, Mahanagar Branch, Lucknow, IFSC Code:SBIN0008189 of Drishti Samajik Sansthan, Sector-7, Jankipuram Extension, Lucknow, within a period of ten days from today and submit the receipt of deposition of the said amount before the trial court concerned alongwith the copy of the order passed today in the present petition.

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Order Date :- 29.7.2022 AKS

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Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.07.30 10:14:04 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Harbhajan Singh and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

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Harbhajan Singh and Another v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

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What did the court decide?

What the court decided

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