Allowed¶11

Sakshi Gopal Mishra v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Allahabad HC16 Feb 2022/5504/2021

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad, Lucknow Bench; Karunesh Singh Pawar, J.; Application U/S 482 No. 5504 of 2021 (Sakshi Gopal Mishra v. State of U.P.), decided 16.2.2022 — quashing of criminal proceedings on the basis of out-of-court compromise dated 17.12.2021 between petitioner and respondent no.2, verified by trial court (verification report dated 13.1.2022); Supreme Court precedents relied on: B. S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118, Narinder Singh (2014) 6 SCC 466; petition allowed, proceedings quashed.

What did the court decide?

Petition allowed; criminal proceedings pending before the learned trial court quashed. ¶11

Sakshi Gopal Mishra Vs State of U.P. Thru. Prin. Secy. Home. Lko and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5504 of 2021

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Applicant :- Sakshi Gopal Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Ravendra Pratap Singh Counsel for Opposite Party :- G.A.,Anumesh Mishra

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Anumesh Mishra, learned counsel for respondent no.2.

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The petition seeks quashing of the entire proceedings of the ..

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Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 17.12.2021, copy of which is on record as Annexure-4 to the petition.

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Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 21.12.2021 the compromise has been verified by the learned court below.

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Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

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Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in 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 State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 13.1.2022 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

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Order Date :- 16.2.2022 Madhu

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Digitally signed by MADHU KUMARI Date: 2022.02.18 17:43:09 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Sakshi Gopal Mishra v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What did the court decide?

Sakshi Gopal Mishra v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

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