Allowed

Shree Ram Mohan and Another v. State of U.P. and Another

Allahabad HC14 Dec 2022A482/30661/2022

Case brief

AI extract

What is this about?

Criminal proceedings under Sections 420, 406, 467, 468, 471, 504, 506, 120B IPC arising from a business dispute were quashed upon the applicants demonstrating full payment of the compromised amount via cash and post-dated cheques, agreeing with the cited jurisprudence on compromise in cognizable offences.

What did the court decide?

Entire proceedings of Charge Sheet dated 13.11.2020 and Case Crime No. 755 of 2019 under various IPC sections were quashed.

Shree Ram Mohan and Another Vs State of… — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 30661 of 2022

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Applicant :- Shree Ram Mohan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.,Jai Singh Chandel

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State, Shri Jai Singh Chandel, 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 the prayer to quash the charge sheet dated 13.11.2020 as well as entire criminal proceedings of Case Crime No. 755 of 2019, under Sections 420, 406, 467, 468, 471, 504, 506, 120B IPC, Police Station- Sector-20 Noida, District- Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.

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Learned counsel for the applicants has submitted that on account of business dispute, the present criminal case was instituted by the opposite party No. 2 against the applicants, however with the intervention of respected members of both the parties, they have entered into a compromise and entire due amount of Rs. 67,50,000/- has been paid by the applicants to the opposite party No. 2 and now nothing remains to be paid.

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Learned counsel for the applicants has next drawn the attention of the Court to the compromise-deed made between the parties, which has been annexed as Annexure No. 8, wherein in paragraph-2 of the compromise, it has been categorically stated that a sum of Rs. 67,50,000/- has already been paid to the opposite party No. 2, out of which Rs. 32,50,000/- has been paid in cash and balance amount through three post dated cheques, which has already been encashed by the opposite party No. 2. Learned counsel for the applicants has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

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Learned counsel for the opposite party no.2 has acknowledged the said compromise and has stated that the entire amount of Rs. 67,50,000/- has been paid to the opposite party No. 2 and now no dispute remains and he 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 charge sheet dated 13.11.2020 as well as entire criminal proceedings of Case Crime No. 755 of 2019, under Sections 420, 406, 467, 468, 471, 504, 506, 120B IPC, Police Station- Sector-20 Noida, DistrictGautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar, 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 :- 14.12.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.12.14 18:02:58 IST Reason: Location: High Court of Judicature at Allahabad

Shree Ram Mohan and Another v. State of U.P. and Another

Case brief

What is this about?

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Shree Ram Mohan and Another v. State of U.P. and Another

Case brief

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