Allowed

Mr. Deepak Agarwal v. State of U.P. and 2 Others

Allahabad HC11 Apr 2022A482/3228/2022

Case brief

AI extract

What is this about?

This court considered an application under Section 482 Cr.P.C. for quashing criminal proceedings based on a settlement. The High Court examined the compromise, thetn trial court's verification report, and relevant Supreme Court precedent, holding there was no purpose to keep the proceedings pending and quashed them. The petition was allowed.

What did the court decide?

The criminal proceedings of case no. 30964 of 2018 under Sections 279, 338, 304-A IPC pending before the Chief Judicial Magistrate, Ghaziabad were quashed.

Mr. Deepak Agarwal Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 3228 of 2022

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Applicant :- Mr. Deepak Agarwal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akshay Mohiley,Ankit Singh Counsel for Opposite Party :- G.A.,Sandeep Kumar Kushwaha

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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 482 Cr.P.C. application has been filed praying for quashing of criminal proceedings of case no. 30964 of 2018 (Case Crime No. 1072/2017), under Sections 279, 338, 304-A IPC, Police Station Shahibabad, Ghaziabad pending before the Chief Judicial Magistrate, Ghaziabad.

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Learned counsel for the petitioner has stated that the parties have amicably settled their disputes and have entered into the compromise.

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This Court vide its order dated 11.02.2022 has directed the parties to appear before the court concerned on 23.02.2022 and submit original copy of the compromise dated 31.12.2021, as mentioned above, before the court concerned, before whom the matter is pending, who shall thereafter submit a verification report within one month after verifying the aforesaid compromise application.

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In compliance of the order dated 11.02.2022, the compliance report dated 11.03.2022 (which is on record) has been submitted by Chief Judicial Magistrate, Ghaziabad, intimating therein that both the parties had appeared before the court on 23.02.2022 along with the document of compromise dated 31.12.2021 and their identities and signatures were verified by their respective counsels; all of them have accepted that they have entered into a compromise dated 31.12.2021 with their own consent without any pressure and all of them are satisfied and agreed with all the clauses of that compromise.

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Learned counsel for the petitioner 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 and learned counsel for the respondent no. 2 have submitted that the compromise has been entered into between the parties and learned counsel for respondent no. 2 has submitted that the respondent no. 2 does not want to proceed with criminal case and criminal proceedings of case no. 30964 of 2018 (Case Crime No.

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1072/2017), under Sections 279, 338, 304-A IPC, Police Station Shahibabad, Ghaziabad pending before the Chief Judicial Magistrate, Ghaziabad may be quashed in terms of the compromise dated 31.12.2021.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 31.12.2021 and the report of Chief Judicial Magistrate Ghaziabad dated 14.03.2022 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra), there is no purpose to keep the proceedings pending before the trial court and hence, the criminal proceedings of case no. 30964 of 2018 (Case Crime No. 1072/2017), under Sections 279, 338, 304-A IPC, Police Station Shahibabad, Ghaziabad pending before the Chief Judicial Magistrate, Ghaziabad are hereby quashed in terms of the compromise dated 31.12.2021.

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In result, the petition is allowed.

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Order Date :- 11.4.2022 Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.04.12 09:12:38 IST Reason: Location: High Court of Judicature at Allahabad

Mr. Deepak Agarwal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mr. Deepak Agarwal v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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