Allowed

Jagannath and 3 Others v. State of U.P. and Another

Allahabad HC1 Sept 2022A482/20677/2022

Case brief

AI extract

What is this about?

The High Court granted an application under Section 482 CrPC to quash criminal proceedings involving offences of assault and criminal intimidation. The petitioners and the State reached a compromise, which was verified by the trial court. Finding the dispute private in nature and the parties disputed settled, the Court quashed the proceedings.

What did the court decide?

Quashing of charge-sheet, cognizance order, and proceedings in Case No. 169 of 2019 based on the verified compromise.

Jagannath and 3 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 20677 of 2022

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Applicant :- Jagannath And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Mahendra Tripathi, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

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By way of present application, applicants made a prayer to quash the charge-sheet dated 19.09.2018 as well as cognizance order dated 31.01.2019 and proceedings of Case No. 169 of 2019 (State Vs. Deepak and others) arising out of Case Crime No. 224 of 2018, under Sections 452, 323, 504, 506 IPC, Police Station Lohamandi, District Agar pending in the court of Special Chief Judicial Magistrate, Agra.

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Learned counsel for the applicants submitted that applicants are facing trial relates to the offences under Sections 452, 323, 504, 506 IPC and both the parties have amicably settled their dispute and compromise was executed between them, therefore, this Court sent the compromise executed between them to the court below for verification and pursuant to the order passed by this Court dated 16.07.2022 court below has duly verified the compromise executed between them and verification report is also on record. He next submitted that as there is no dispute left between both the parties and even opposite party no.2 does not want to proceed further on merit and he is having no objection if proceedings pending against the applicants be quashed on the basis of compromise, therefore, instant application should be allowed.

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Learned AGA also submitted that as matter relates to the provisions of Sections 452, 323, 504, 506 IPC and compromise executed between the parties is duly verified by the court below pursuant to the order passed by this Court, therefore, he is having no objection if proceedings pending against the applicants is quashed on the basis of compromise executed between the parties as opposite party no.2 is also not willing to proceed further on merits of the case and he is also having no objection if proceeding pending against the applicants be quashed on the basis of compromise.

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I have heard both the parties and perused the record of the case.

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Both the parties have already settled their dispute outside the Court and compromise executed between them has already been verified by the court below pursuant to the order passed by this Court dated 16.07.2022 and report of the court below dated 11.08.2022 is also on record. From the perusal of the report, it reflects that both the parties appeared before the court below pursuant to the order passed by this Court and compromise executed between them was duly verified. From the perusal of the record it reflects that no dispute is left between the parties and opposite party no.2 also does not want to proceed further on merits and he is having no objection if proceedings pending against the applicants is quashed on the basis of compromise.

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As the matter is of Section 452, 323, 504, 506 IPC and dispute appears to be private in nature and does not affect the public at large, therefore, in my view proceeding pending against the applicants can be quashed on the basis of compromise executed between the parties.

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In view thereof, the proceedings pending against the applicants in the aforesaid case is hereby quashed on the basis of compromise executed between the parties.

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The present application u/s 482 Cr.P.C. is allowed in terms of settlement/compromise made between the parties concerned.

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Order Date :- 1.9.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.03 13:09:58 IST Reason: Location: High Court of Judicature at Allahabad

Jagannath and 3 Others v. State of U.P. and Another

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Jagannath and 3 Others v. State of U.P. and Another

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