Allowed

Akash @ Chinti and 2 Others v. State of U.P. and Another

Allahabad HC8 Dec 2022A482/18829/2020

Case brief

AI extract

What is this about?

This single judge of the Allahabad High Court quashed criminal proceedings under Section 482 CrPC instituted for attempted murder and grievous hurt offences ancillary to a dispute entered into between the parties after compromise.

What did the court decide?

Entire criminal proceedings of case no.1693 of 2019 arising out of case crime no.461 of 2018 stands quashed.

Akash @ Chinti and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 18829 of 2020

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Applicant :- Akash @ Chinti And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asheesh Kumar Tiwari,Anil Kumar Ojha

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Counsel for Opposite Party :- G.A.,Sanjay Ojha

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Hon'ble Syed Aftab Husain Rizvi,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicants, learned counsel for the opposite party, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding of case no.1693 of 2019 (State vs. Rohit and ors) arising out of case crime no.461 of 2018 U/s 392, 323, 506, 307, 34 IPC P.S. Chhaprauli, District Baghpat pending in the court of ACJM, Baghpat.

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It is submitted that during the course of proceedings, the parties have reconciled their differences and the compromise has been entered between them which has been produced in writing. The opposite party no.2 has acknowledged the aforesaid facts.The parties have appeared before the court below and the court below has verified the compromise. Vide supplementary affidavit the applicant has filed compromise deed and copy of the compromise which has been verified by the trial court and copy of order dated 02.11.2020 mentioning the verification as annexure no.S.A.-1 supplementary affidavit dated 02.12.2022. Both the parties are agreed that in terms of the compromise the proceeding of case be terminated and the entire proceedings be quashed.

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Both the parties have entered into amicable settlement. The fact of compromise has been confirmed and admitted by learned counsels for the parties.

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A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58).

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"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its

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opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor."

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Where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. [Vide: Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692].

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Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed .

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The entire proceedings relating to aforementioned case is hereby quashed.

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The parties may file the copy of this order before the court concerned within two weeks from today.

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The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 8.12.2022 C. MANI

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Digitally signed by CHANDRAMANI VERMA Date: 2022.12.12 10:53:47 IST Reason: Location: High Court of Judicature at Allahabad

Akash @ Chinti and 2 Others v. State of U.P. and Another

Case brief

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Akash @ Chinti and 2 Others v. State of U.P. and Another

Case brief

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