Allowed

Brijesh Kumar Mishra v. State of U.P. and Another

Allahabad HC15 Feb 2022A482/4295/2019

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What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings concerning cheating/misappropriation. The court approved the quashing based on an amicable settlement reached through the court's Mediation and Conciliation Center, citing Supreme Court precedents on settlement-driven quashing.

What did the court decide?

Quashing of the entire criminal proceedings of Criminal Case No.691 of 2018 arising out of Case Crime No.0951 of 2017 under Section 406 IPC.

Brijesh Kumar Mishra Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 4295 of 2019 Applicant :- Brijesh Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Rais Ahmad

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner, learned counsel for respondent no.2 and learned A.G.A. for the State as well as perused the record.

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By means of present petition under section 482 Cr.P.C, the petitioner has prayed for quashing of the entire criminal proceedings of Criminal Case No.691 of 2018 arising out of Case Crime No.0951 of 2017 under Section 406 Indian Penal Code, Police Station Kotwali Dehat, District Balrampur.

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Learned counsel for the parties submit that the matter was referred to the Mediation and Conciliation Center of this court vide order dated 2.7.2019. In compliance of the order passed by this court the parties appeared before the Mediation and Conciliation Center of this court where amicable settlement has been arrived between the parties. The report of the Mediation and Conciliation Center is on record. The parties have signed the agreement dated 19.3.2021 before the Mediation and Conciliation Center and all dispute and differences with regard to present case have been amicably settled through process of mediation. Accordingly it is prayed by the parties counsel that in view of law laid down by Hon'ble Supreme Court in Gian Singh Vs. State of Punjab , 2012 AIR SCW 5333 the impugned proceedings are liable to be quashed. Learned counsel for the petitioner in support of his arguments has also relied upon a judgement of Hon'ble Supreme Court reported in

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(2017) 9 SCC 641, Parbatbhai Aahir alias Parbatbhai Bhimsinghbhai Karmur and versus State of Gujarat and another .

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On due consideration to the submissions of parties' counsel and perusal of the record as also the judgment of Gian Singh (supra) and Parbatbhai Aahir's case (supra), the petition is allowed and the entire criminal proceedings of Criminal Case No.691 of 2018 arising out of Case Crime No.0951 of 2017 under Section 406 Indian Penal Code, Police Station Kotwali Dehat, District Balrampur are hereby quashed.

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Order Date :- 15.2.2022

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Madhu

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Digitally signed by MADHU KUMARI Date: 2022.02.15 17:02:10 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumar Mishra v. State of U.P. and Another

Case brief

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Brijesh Kumar Mishra v. State of U.P. and Another

Case brief

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