Allowed

Rajesh Kumar and Another v. State of U.P. and Another

Allahabad HC9 May 2022A482/19371/2021

Case brief

AI extract

What is this about?

The High Court quashed the entire prosecution case under Sections 457, 380, and 411 IPC after verifying a compromise agreement. The court found the offence was against an individual, arose from a family dispute, and the accused had no criminal antecedents.

What did the court decide?

Quashing of the entire prosecution case of criminal case no. 1524/2016 in case crime no. 281/2015.

Rajesh Kumar and Another 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. - 19371 of 2021

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Applicant :- Rajesh Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Shri B.N. Singh, learned counsel for the applicants, Shri Santosh Singh, learned counsel for the respondent no. 2 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 prosecution case of criminal case no. 1524/2016 in case crime no. 281/2015, under Sections 457, 380, 411 IPC, Police Station Gohan, District Jalaun pending in the court of Judicial Magistrate, Jalaun, District Jalaun on the basis of compromise taken on 13.09.2021.

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Learned counsel for the petitioners 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 06.04.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 13.09.2021 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.

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In compliance of the earlier order of this Court, the report dated 11.04.2022 along with verified copy of the compromise has been submitted by the Civil Judge, Junior Division, Jalaun 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. The report dated 11.04.2022 submitted by the Civil Judge, Junior Division, Jalaun is on record.

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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 learned counsel for the respondent no. 2 (complainant) 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, entire prosecution case of criminal case no. 1524/2016 in case crime no. 281/2015, under Sections 457, 380, 411 IPC,

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Police Station Gohan, District Jalaun pending in the court of Judicial Magistrate, Jalaun, District Jalaun on the basis of compromise taken on 13.09.2021 may be quashed.

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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; 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 13.09.2021 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, entire prosecution case of criminal case no. 1524/2016 in case crime no. 281/2015, under Sections 457, 380, 411 IPC, Police Station Gohan, District Jalaun pending in the court of Judicial Magistrate, Jalaun, District Jalaun are hereby quashed in terms of the compromise dated 13.09.2021.

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The petition is hereby allowed .

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Order Date :- 9.5.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.05.10 09:17:57 IST Reason: Location: High Court of Judicature at Allahabad

Rajesh Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Rajesh Kumar and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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