Allowed

Anil Kumar and Anothers v. State of U.P.and Anothers

Allahabad HC13 May 2022A482/5754/2022

Case brief

AI extract

What is this about?

Hearing a Section 482 Cr.P.C. petition to quash criminal proceedings arising from a land sale dispute, the Apex Court was relied upon. With a verified compromise between parties, the applicant filed no purpose served by continued proceedings.

What did the court decide?

Quashed the summarial order dated 21.12.2018 in Case No.4730 of 2018 arising out of Crime No.3391/2017.

Anil Kumar and Anothers Vs State of… — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 5754 of 2022

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Applicant :- Anil Kumar And Anothers Opposite Party :- State Of U.P.And Anothers Counsel for Applicant :- Anuj Bajpai 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 to quash impugned entire proceeding as well as summoning order dated 21.12.2018 in Case No.4730 of 2018, arising out of impugned charge sheet dated 25.12.2017, arising out of Case Crime No.3391/2017, Under Section 420, 467, 468, 471, 506 I.P.C. Police Station - Kanth, District - Shahjahanpur, pending in the court of learned Chief Judicial Magistrate,Shahjahanpur and stay the proceedings of the aforesaid case.

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On the submission of learned counsel for the petitioners/ applicants that the parties have amicably settled their dispute and have entered into a compromise on 22.12.2021 (enclosed as Annexure no. 5 to the present petition), this Court vide its order dated 11.03.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 22.12.2021 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification of compromise 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 11.03.2022, the compromise verification report dated 28.03.2022 has been submitted by the Chief Judicial Magistrate, Shahjahanpur mentioning therein that the signature of the parties have been verified by their respective counsel before the court and they have admitted the compromise. The compliance verification report dated 28.03.2022 submitted by the Chief Judicial Magistrate, Shahjahanpur is on record.

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Learned counsel for the petitioners/ applicants has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303] for quashing of the proceedings pending before the court below.

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Learned Additional Government Advocate and learned counsel

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for respondent no. 2 have submitted that the compromise has been entered into between 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 matter pertains to some dispute relating to the financial transaction for the sale of land and due to dispute over financial transactions, the criminal case was registered as such, the proceedings of Case No.4730 of 2018, arising out of Case Crime No.3391/2017, Under Section 420, 467, 468, 471, 506 I.P.C. Police Station - Kanth, District - Shahjahanpur, pending in the court of learned Chief Judicial Magistrate,Shahjahanpur, 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 there is some dispute relating to the financial transaction for the sale of land, which is against the individual and not against the society and the present criminal proceedings are arising out of dispute relating to financial transactions.

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Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 22.12.2021 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 summoning order dated 21.12.2018 in Case No.4730 of 2018, arising out of impugned charge sheet dated 25.12.2017, arising out of Case Crime No.3391/2017, Under Section 420, 467, 468, 471, 506 I.P.C. Police Station - Kanth, District - Shahjahanpur, pending in the court of learned Chief Judicial Magistrate,Shahjahanpur are hereby quashed in terms of the compromise dated 22.12.2021.

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The petition is hereby allowed .

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Order Date :- 13.5.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.18 09:28:02 IST Reason: Location: High Court of Judicature at Allahabad

Anil Kumar and Anothers v. State of U.P.and Anothers

Case brief

What is this about?

What did the court decide?

Anil Kumar and Anothers v. State of U.P.and Anothers

Case brief

What is this about?

What did the court decide?

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