Allowed

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

Allahabad HC11 Oct 2022A482/21549/2022

Case brief

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What is this about?

In an application under Section 482 CrPC, this court quashed charge sheet and cognizance orders after being satisfied that the dispute has been amicably resolved through compromise. Pending verification of the compromise by the trial court and its placement on record, the proceedings stand in abeyance for two months.

What did the court decide?

Impugned proceedings quashed subject to verification of compromise by trial court; proceedings in abeyance for two months.

Bachcho Singh and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 21549 of 2022

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Applicant :- Bachcho Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.,Rabindra Bahadur Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and learned counsel for respondent No.2 as also learned A.G.A., and perused the record.

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The instant petition has been filed by the applicants with a prayer to quash impugned charge sheet No.24 of 2017 dated 26.4.2017 and cognizance order dated 22.12.2017 in Criminal Case No.3219 of 2017 (Case Crime No.166 of 2016) under sections 308, 452, 504, 506 I.P.C., P.S. Jaganer, district Agra pending in the court of ACJM-III, Agra (State vs. Bachcho Singh and others).

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Learned counsel for the petitioners submits that the dispute between the parties has been amicably resolved outside the court by way of compromise which is on record. It is submitted that since the dispute has been settled outside the court, therefore, impugned proceedings are liable to be quashed. In this context, learned counsel has relied on judgment of Supreme Court dated 29.9.2021 passed in Criminal Appeal No.1489 of 2012 Ramgopal and another versus The State of M.P. (Relevant para 19).

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Learned counsel for respondent No.2 concedes that the dispute has been amicably settled between the parties and he has no objection if the impugned proceedings are quashed on the basis of compromise after its verification from the competent court.

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Learned A.G.A has also no objection in case the impugned proceedings are quashed on the basis of compromise, subject to its verification by the concerned court.

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Accordingly, having due regard to the submissions made by the parties' counsel, perusal of the compromise as also considering the law laid down by Supreme Court in (2012)10 SCC 303 Gian Singh versus State of Punjab and another, the petition is disposed of with direction to

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the parties to appear before the trial court on 2.11.2022, which shall verify the compromise in presence of the parties within the next one week. The trial court shall provide a copy of the verification report to the parties. A copy of compromise be placed on record of the trial court. It will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of two months, impugned proceedings shall remain in abeyance.

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Order Date :- 11.10.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.10.11 16:57:05 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

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

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