Allowed

Manish Rai v. State of U.P. and 2 Others

Allahabad HC28 Nov 2022A482/26818/2022

Case brief

AI extract

What is this about?

The High Court exercised its inherent powers under Section 482 CrPC to quash criminal proceedings instituted under sections 366, 354, 342, and 328 IPC. Relying on a verified compromise between the applicant and the victim, the Court held that continued prosecution would be futile and directed the quashing of the entire case.

What did the court decide?

Entire criminal proceedings (Sessions Trial No.694 of 2021) instituted under sections 366/354/342/328 IPC were quashed.

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

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 26818 of 2022

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Applicant :- Manish Rai Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.,Devesh Kumar

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Hon'ble Syed Aftab Husain Rizvi , J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceeding of Sessions Trial No.694 of 2021 (State of U.P. vs. Manish Rai) arising out of case crime no.42 of 2021 under section 366, 354, 342, 328 IPC, P.S. Sadar Bazar, District Jhansi pending before learned Additional Sessions Judge/ FTC.

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It is submitted that during the course of proceedings, the parties have reconciled their differences and the compromise has been entered between them which has been produced in writing. The opposite party no.2 has acknowledged the aforesaid facts. Vide order dated 28.09.2022 parties were directed to appear before the court below and permitted to file an application for verification of the original compromise deed. In compliance of the aforesaid order, the parties have appeared before the court below and the court below has verified the compromise and have submitted its report vide letter/ report dated 17.11.2022. Both the parties are agreed that in terms of the compromise the proceeding of case be terminated and the entire proceedings be quashed.

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Both the parties have entered into amicable settlement. The fact of compromise has been confirmed and admitted by learned counsels for the parties.

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A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58).

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"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in

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futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor."

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Where matters are also of civil nature i.e. matrimonial, family disputes, etc. the Court may consider "special facts", "special feature" and quash the criminal proceeding to encourage genuine settlement of disputes between the parties. [Vide: Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692].

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Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 482 of the Code stands allowed .

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The entire proceedings relating to aforementioned case is hereby quashed.

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The parties may file the copy of this order before the court concerned within two weeks from today.

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The party shall file computer generated copy of such order download from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 28.11.2022 C. MANI

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Digitally signed by CHANDRAMANI VERMA Date: 2022.11.28 15:12:07 IST Reason: Location: High Court of Judicature at Allahabad

Manish Rai v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Manish Rai v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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