Allowed

Iqbal Ali and 5 Others v. State of U.P. and Another

Allahabad HC21 Dec 2022A482/22624/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court quashed criminal proceedings for offences under IPC Sections 147, 436, and 506. The court held that since the parties had amicably settled their property dispute and the respondent had no objection to the quashing, no useful purpose would be served by continuing the trial.

What did the court decide?

The entire proceedings of Criminal Case No. 22418 of 2021, including the charge sheet and cognizance order, are hereby quashed.

Iqbal Ali and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 22624 of 2022

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Applicant :- Iqbal Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Preetam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State, Harish Chandra Kishwaha, learned counsel for the opposite party No. 2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet No. 01/2019 dated 10.6.2019 and cognizance/summoning order dated 11.11.2021 as well as entire proceedings of Criminal Case No. 22418 of 2021 (State Vs. Iqbal Ali and others) arising out of Case Crime No. 108 of 2019, under Sections 147, 436, 506 IPC, P.S. Dakshin, DistrictFirozabad, pending in the court of Chief Judicial Magistrate, Firozabad.

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Learned counsel for the applicants has submitted that on account of dispute over property in question, the present criminal case was instituted against the applicants by the opposite party No. 2, however with the intervention of the respected members of both the families, they have amicably settled all their disputes and differences.

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Learned counsel for the applicants has next submitted that a settlement-agreement dated 21.5.2022 has been drawn between the parties, a copy of which has been annexed as Annexure No. 4 to this application.

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This court vide order dated 22.9.2022 had directed the parties to appear before the court below and file the compromise deed for its verification. Consequent to the said order dated 22..9.2022, the parties appeared before the court below on 28.10.2022. The said compromise was verified by the court concerned and a report dated 28.10.2022 has been sent by the court below, which is on record and shall form part of this application.

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Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, the entire proceedings be quashed.

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Learned counsel for the opposite party no.2 has also appeared

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and has filed an affidavit acknowledging the said compromise and in paragraph- 4 of the affidavit, it has been stated that in order to maintain cordial and harmonious relations between them, he does not want to further pursue the said criminal proceeding and has no objection, if the entire proceedings are quashed against the applicants.

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This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466 , wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278] , in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings of Criminal Case No. 22418 of 2021 (State Vs. Iqbal Ali and others) arising out of Case Crime No. 108 of 2019, under Sections 147, 436, 506 IPC, P.S. Dakshin, District- Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.

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Order Date :- 21.12.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.21 16:07:33 IST Reason: Location: High Court of Judicature at Allahabad

Iqbal Ali and 5 Others v. State of U.P. and Another

Case brief

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Iqbal Ali and 5 Others v. State of U.P. and Another

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