Allowed

Dheera Singh and 3 Others v. State of U.P and Another

Allahabad HC7 May 2022A482/19060/2021

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing criminal proceedings arising from a family dispute. The High Court found that the alleged offence was against an individual, not society, and the conduct was predominantly civil. Upon confirmation of an amicable settlement and voluntary compromise, the Court applied prevailing Apex Court law to quash the entire prosecution case.

What did the court decide?

The entire proceeding of the prosecution case S.T No. 80/2009 in crime no. 08/2008 under Sections 420, 467, 468 IPC & 3(2)(V) of SC/ST Act was quashed.

Dheera Singh and 3 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. - 19060 of 2021

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Applicant :- Dheera Singh And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Santosh Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and gone through the record.

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The present petition under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of entire prosecution case of S.T No. 80/2009 in case crime no. 08/2008, under Sections 420, 467, 468 IPC & 3 (2)(V) of SC/ST Act, Police Station Churkhi, District Jalaun pending in the court of Special Judge (SC/ST Act), Jalaun at Orai.

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Learned counsel for the petitioner has stated that the parties have amicably settled their dispute and have entered into a compromise on 13.09.2021.

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This Court vide its order dated 13.12.2021 has passed an order for verification of the compromise deed dated 13.09.2021 by the court concerned within fifteen days with a direction for listing of the case along with the supplementary afÏdavit annexing thereto certified copy of the aforesaid verified compromise.

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In compliance of the earlier order of this Court, a supplementary afÏdavit dated 22.01.2022 has been filed by the applicants annexing therein the certified copy of the order dated 23.12.2021 passed by Special Judge SC/ST Act, Jalaun Sthan Orai mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily. Their signatures have been verified by their respective counsels before the court.

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Learned counsel for the applicant has submitted that as per the compromise entered into between the parties and after verification of the same, the criminal proceedings of the above-mentioned case may be quashed in the light of 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 learned counsel for the respondent no. 2 have submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof as such, the entire proceeding of entire prosecution case of S.T No. 80/2009 in case crime no. 08/2008, under Sections 420, 467, 468 IPC & 3 (2)(V) of

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SC/ST Act, Police Station Churkhi, District Jalaun pending in the court of Special Judge (SC/ST Act), Jalaun at Orai may be quashed in the light of the judgment of the Apex Court the case of Gian Singh (supra), relied by learned counsel for the applicants.

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After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society at large; the accused has no criminal antecedents or criminal history and the present criminal proceedings are arising out of family dispute or pre-dominantly civil character.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 15.01.2022 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove , there is no purpose to keep the proceedings pending before the trial court and hence, the entire proceeding of entire prosecution case of S.T No. 80/2009 in case crime no. 08/2008, under Sections 420, 467, 468 IPC & 3 (2)(V) of SC/ST Act, Police Station Churkhi, District Jalaun pending in the court of Special Judge (SC/ST Act), Jalaun at Orai are hereby quashed in terms of the compromise.

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The petition is hereby allowed .

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Order Date :- 7.5.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.05.07 13:54:17 IST Reason: Location: High Court of Judicature at Allahabad

Dheera Singh and 3 Others v. State of U.P and Another

Case brief

What is this about?

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Dheera Singh and 3 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

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