Allowed

Tarachandra Soni and 9 Others v. State of U.P. and Another

Allahabad HC23 Mar 2022A482/12965/2021

Case brief

AI extract

What is this about?

This single-judge bench allowed the application under Section 482 Cr.P.C. to quash the charge sheet and summoning order in a criminal case arising under multiple IPC sections. The court held that since the parties had amicably settled their disputes and the compromise was verified by the trial court, there was no purpose in keeping the proceedings pending.

What did the court decide?

Quashing of charge sheet dated 27.06.2020, impugned summoning order dated 11.09.2020, and proceedings in Case No. 1052 of 2020.

Tarachandra Soni and 9 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 12965 of 2021

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Applicant :- Tarachandra Soni And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Namit Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Shri Namit Kumar Sharma, learned counsel for the petitioners, Shri Virendra Jaiswal, learned counsel for the respondents and perused the record.

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The present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing charge sheet dated 27.06.2020 in Case No. 1052 of 2020 as well as for quashing the impugned summoning order dated 11.09.2020 in Case No. 1052 of 2020 arising out of Case Crime No. 30 of 2020 under Sections 147, 148, 149, 323, 326 A, 452, 504 and 506 of the Indian Penal Code, Police Station Rudhauli, District Basti and further to stay the proceedings thereof.

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Learned counsel for the petitioners has stated that the parties have amicably settled their disputes and have entered into the compromise.

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This Court vide its order dated 27.08.2021 has directed the applicants to produce a copy of compromise along with order of this Court before the court concerned who shall verify the factum of the compromise, if any entered into between the parties and submit a report.

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Pursuant to the aforesaid order of this Court dated 27.08.2021, a supplementary affidavit has been filed on 25.09.2021 by the applicants annexing therewith the compromise dated 07.09.2021 entered between the parties along with the certified copy of the report dated 07.09.2021.

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Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

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On the other hand, learned Additional Government Advocate and Shri Virendra Jaiswal, learned counsel for the respondent no. 2 have submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof and charge sheet dated 27.06.2020 as well as summoning order dated 11.09.2020 may be quashed in terms of the compromise dated 07.09.2021.

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The compromise has been entered between the parties on 07.09.2021, (annexed at annexure no. 1 to the supplementary affidavit filed on 25.09.2021) wherein all the petitioners and the respondent no. 2 are signatories. The said compromise has been verified by the Court below and on the basis thereof, a report dated 07.09.2021 has been prepared by the the Court below.

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Considering the submissions advanc22.02.2021ed by learned counsel for the parties and perusing the compromise dated 07.09.2021 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) , there is no purpose to keep the proceedings pending before the trial court and hence the proceedings of the Case No. 1052 of 2020, under Sections 147, 148, 149, 323, 326 A, 452, 504 and 506 of the Indian Penal Code, Police Station Rudhauli, District Basti and summoning order dated 11.09.2020 as well as charge-sheet dated 27.06.2020 are hereby quashed in terms of the compromise dated 07.09.2021.

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The petition is allowed .

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Order Date :- 23.3.2022/Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.03.23 15:09:20 IST Reason: Location: High Court of Judicature at Allahabad

Tarachandra Soni and 9 Others v. State of U.P. and Another

Case brief

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Tarachandra Soni and 9 Others v. State of U.P. and Another

Case brief

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