Allowed

Mohammad Ali v. State of U.P. and Another

Allahabad HC6 Aug 2022A482/1785/2020

Case brief

AI extract

What is this about?

This camele under Section 482 Cr.P.C. sought quashing of criminal proceedings and a charge sheet after a dispute was amicably settled during court-referred mediation. The Single Judge held that the established legal position allows quashing of cases where parties settle grievances and agreed to withdraw proceedings, relying on Supreme Court precedents.

What did the court decide?

The applicant filed under Section 482 Cr.P.C. is allowed; the proceedings, charge-sheet dated 25.09.2017 and summoning order dated 22.10.2019 are quashed.

Mohammad Ali Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 1785 of 2020

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Applicant :- Mohammad Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar,Shiv Nath Singh(Senior Adv.) Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri S.B. Maurya, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the entire proceeding as well as chargesheet dated 25.09.2017 in Criminal Case No. 3818 of 2018 (State Vs. Mohammad Ali) arising out of Case Crime No. 94 of 2017, under Sections 406, 506 I.P.C., Police Station Raunapar, District Azamgarh pending before the court of Additional Chief Judicial Magistrate, Room No. 10, Azamgarh and summoning order dated 22.10.2019 passed by Additional Chief Judicial Magistrate, Room No. 10, Azamgarh. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 04.02.2020 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 26.07.2022 the parties have entered into settlement dated 26.07.2022 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

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As per the office report dated 05.08.2022 a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 26.07.2022 between the parties and the Mediation succeeded.

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The parties have settled their grievances and even the dispute arising out in the present matter. The reference of the present case is in para no. 6 (e) of the final settlement between the parties so drawn before the Mediation Centre where they have agreed to withdraw the cases going on between them.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant.

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The present application is allowed.

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The proceedings as well as charge-sheet dated 25.09.2017 and summoning order dated 22.10.2019 in the aforesaid case are hereby quashed.

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Office is directed to communicate this order to the concerned court within two weeks from today.

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Order Date :- 6.8.2022 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by ABHISHEK SINGH RATHOR Date: 2022.08.10 10:23:50 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Ali v. State of U.P. and Another

Case brief

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Mohammad Ali v. State of U.P. and Another

Case brief

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