Allowed

Anupam Pandey v. State of U.P. and 2 Others

Allahabad HC18 Aug 2022A482/20210/2021

Case brief

AI extract

What is this about?

The Special Judge allowed an application under Section 482 Cr.P.C. to quash criminal proceedings pending against the applicant. The Court accepted reports from the Mediation Centre confirming that the parties had amicably settled their dispute and agreed to withdraw the cases. Relying on settled Supreme Court precedent, the Court held that the settlement justified quashing the proceedings.

What did the court decide?

Entire proceedings, charge sheet, and summoning order under Case No. 163 of 2021 were quashed.

Anupam Pandey Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 20210 of 2021

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Applicant :- Anupam Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- P.K. Singh,Suraj Kumar Singh Counsel for Opposite Party :- G.A.,Prashant Pratap Rao

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Hon'ble Samit Gopal,J.

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List revised.

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No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. Sri S.B.Maurya, learned counsel for the State is present.

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The matter is thus being decided finally on the basis of records with the assistance of learned State Counsel.

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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 of of Case No. 163 of 2021, State vs. Anupam Pandey and others, arising out of Case Crime No. 159 of 2020, under Section 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali,District Azamgarh, pending in the court of Additional Civil Judge (J.D.)/J.M. (F.T.C.), Azamgarh as well as charge sheet no. 1/20, dated 12.9.2020 and the summoning order dated 8.1.2021 and with the further prayer to stay the further proceedings 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 26.10.2021 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 22.5.2022 the parties 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 3.8.2022, 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 22.5.2022 between the parties and the Mediation succeeded.

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The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para- 7 (d) of the said mediation report.

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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(s).

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The present application is allowed.

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The entire proceedings of the aforesaid case and the charge sheet as well as summoning order passed 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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(Samit Gopal,J.)

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Order Date :- 18.8.2022 Naresh

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Digitally signed by NARESH KUMAR Date: 2022.08.22 11:21:44 IST Reason: Location: High Court of Judicature at Allahabad

Anupam Pandey v. State of U.P. and 2 Others

Case brief

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Anupam Pandey v. State of U.P. and 2 Others

Case brief

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