Allowed

Shambhu Nath Jaiswal and Another v. State of U.P. and Another

Allahabad HC18 Apr 2022A482/29757/2021

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing criminal proceedings arising from a land dispute between neighbours. The Court found a valid compromise and held that the proceedings, being predominantly civil in nature, should be quashed to serve the ends of justice.

What did the court decide?

Criminal proceedings of Case No. 3005 of 2021 pursuant to Charge-Sheet No. 477 of 2020 under Sections 147, 323, 504, 506, 452, 447, 406 and 427 IPC are quashed.

Shambhu Nath Jaiswal and Another Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 29757 of 2021

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Applicant :- Shambhu Nath Jaiswal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and gone through the record.

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The present petition under Section 482 Cr.P.C. has been filed for quashing of the Charge-Sheet No. 477 of 2020 dated 26.11.2020 as well as the entire proceedings of Case No. 3005 of 2021 arising out of Case Crime No. 449 of 2020, under Sections 147, 323, 504, 506, 452, 447, 406 and 427 IPC, Police Station Hata, District Kushinagar.

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Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 16.11.2021.

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This Court vide its order dated 16.02.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 16.11.2021 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.

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In compliance of the order of this Court dated 16.02.2022, the compliance report dated 28.02.2022 has been submitted by the Additional Chief Judicial Magistrate, Kasia, Kushinagar mentioning therein that the signature of the complainant-Deepu Yadav has been verified by his counsel before the court and he has admitted the compromise.

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The compliance report dated 28.02.2022 submitted by the Additional Chief Judicial Magistrate, Kasia , Kushinagar is on record.

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Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]

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On the other hand, learned Additional Government Advocate has submitted that the compromise has been entered between

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the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof may be quashed as the complainant and the applicants are the neighbours and due to dispute over purchase of a piece of land, the criminal case was registered as such, the proceedings of Case No. 3005 of 2021 in pursuance of the charge sheet no. 477 of 2020 dated 26.11.2020 vide case crime no. 449 of 2020 under Sections 147, 323, 504, 506, 452, 447, 406 and 427 IPC, Police Station Hata, District Kushinagar , pending before the court of the Additional Chief Judicial Magistrate, Kasia, Kushinagar may be quashed.

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After hearing learned counsel for the parties and going through the record, it is found that in the present case, the crime is against the individual and not against the society as the rival parties are neighbours and the present criminal proceedings are arising out of dispute relating to the purchase of a land or predominantly civil character.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 16.11.2021 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, the proceedings of Case No. 3005 of 2021 in pursuance of the Charge-Sheet No. 477 of 2020 dated 26.11.2020 vide Case Crime No. 449 of 2020, under Sections 147, 323, 504, 506, 452, 447, 406 and 427 IPC, Police Station Hata, District Kushinagar pending before the court of Additional Chief Judicial Magistrate, Kasia, Kushinagar are hereby quashed in terms of the compromise dated 16.11.2021.

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The petition is hereby allowed .

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Order Date :- 18.4.2022 Ashish

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Digitally signed by ASHISH MISHRA Date: 2022.04.18 16:15:49 IST Reason: Location: High Court of Judicature at Allahabad

Shambhu Nath Jaiswal and Another v. State of U.P. and Another

Case brief

What is this about?

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Shambhu Nath Jaiswal and Another v. State of U.P. and Another

Case brief

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