Allowed

Rajendra and 7 Others v. State of U.P. and Another

Allahabad HC30 Mar 2022A482/13357/2021

Case brief

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What is this about?

This court allowed an application under Section 482 CrPC to quash criminal proceedings based on a compromise dated 19.06.2021 accepted by the lower court, invoking the principle of setting aside criminal trials upon settlement.

What did the court decide?

Quashing of proceedings of the charge-sheet dated 27.09.2019 in case crime no. 141 of 2019 arising out of Case No. 3222 of 2021.

Rajendra and 7 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. - 13357 of 2021

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Applicant :- Rajendra And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla,Namit Srivastava,Vivek Singh Counsel for Opposite Party :- G.A.,Rama Pati Tripathi,Sanjai Kumar Singh

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioners, Shri Sanjai Kumar Singh, learned counsel for the respondent no. 2 and learned AGA for the State.

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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 06.10.2021 had granted a week's time for filing certified copy of the verification order by way of supplementary afÏdavit.

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Pursuant to the aforesaid order of this Court dated 06.10.2021, a supplementary afÏdavit has been filed on 09.11.2021 by the applicants annexing therewith the compromise dated 19.06.2021 entered between the parties along with the certified copy of the order dated 26.10.2021 and the same has been filed by way of second supplementary afÏdavit filed on 09.11.2021.

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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 Sanjai Kumar Singh, learned counsel for the respondent no. 2 have submitted that the compromise has been entered between the parties and learned counsel for respondent no. 2 has submitted that the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof and charge sheet dated 27.09.2019 in case crime no. 141 of 2019 under Section 147, 323, 325, 504, 506 IPC may be quashed in terms of the compromise dated 19.06.2021.

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The compromise has been entered between the parties on 19.06.2021. The certified copy of the verification order dated 19.06.2021, which is annexed as Annexure no. 1 to the supplementary afÏdavit filed on 09.11.2021) along with certified copy of the order dated 26.10.2021 passed by Chief Judicial Magistrate, Ghazipur stating therein that the signatories to the compromise had appeared before the court in person and they and their signatures have been

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verified by their respective counsels. The said compromise has been verified by the Court below and on the basis thereof, an order has been passed by the Court below on 26.10.2021 as mentioned above.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 19.06.2021 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 charge-sheet dated 27.09.2019 in case crime no. 141 of 2019 arising out of Case No. 3222 of 2021 under Sections 147, 323, 325, 504, 506 IPC, Police Station Nandganj, District Ghazipur are hereby quashed in terms of the compromise dated 19.06.2021.

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In result, the petition is allowed.

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Order Date :- 30.3.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.03.31 09:22:09 IST Reason: Location: High Court of Judicature at Allahabad

Rajendra and 7 Others v. State of U.P. and Another

Case brief

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Rajendra and 7 Others v. State of U.P. and Another

Case brief

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