Allowed

Abhishek and 4 Others v. State of U.P. and Another

Allahabad HC27 Jul 2022A482/6953/2022

Case brief

AI extract

What is this about?

The applicant sought quashing of charge sheets and cognizance orders in a criminal case involving offences under the IPC. The court allowed the application based on a mutually reached compromise between the parties, ruling that no useful purpose would be served by continuing proceedings.

What did the court decide?

Quashed the charge sheet dated 12.2.2021 as well as the cognizance order dated 18.1.2022 in Case No. 157 of 2022.

Abhishek and 4 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 6953 of 2022

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Applicant :- Abhishek And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipan Kumar,Amit Kumar Pandey Counsel for Opposite Party :- G.A.,Amit Kumar Pandey,Sunil Kumar Singh

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party No.2 and the learned A.G.A. for the Staterespondent.

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By way of the instant application, the applicants have sought quashment of the charge sheet dated 12.2.2021 as well as cognizance order dated 18.1.2022 in Case No. 157 of 2022 (State vs. Abhishek and others) arising out of Case Crime No. 427 of 2020 under Sections 147, 323, 504, 506, 352, 325, 354 Ka I.P.C., Police Station Kaptanganj, District Kushi Nagar pending before the Civil Judge (S.D.)/ Additional Chief Judicial Magistrate, Kushi Nagar at Padrauna.

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It is contended by the learned counsel for the applicants that in this case, worth compromise has been reached between the parties and the compromise meant to be verified by the court below has been verified by it on 18.4.2022, copy whereof has been annexed as annexure-SCA-1 to the supplementary affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicant has placed reliance in the matter reported as (2014) 6 SCC 466 Narinder Singh and others Vs. State of Punjab and another in support of his contention.

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It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicant is liable to be quashed in terms of the compromise between the parties. Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.

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In view of the fact that the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the

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matter further.

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Thus, in view of above, the charge sheet dated 12.2.2021 as well as cognizance order dated 18.1.2022 in Case No. 157 of 2022 (State vs. Abhishek and others) arising out of Case Crime No. 427 of 2020 under Sections 147, 323, 504, 506, 352, 325, 354 Ka I.P.C., Police Station Kaptanganj, District Kushi Nagar pending before the Civil Judge (S.D.)/ Additional Chief Judicial Magistrate, Kushi Nagar at Padrauna, are hereby set aside.

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Accordingly, the present application is allowed.

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Let a copy of this order be sent to the court below for necessary information and follow up action.

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Order Date :- 27.7.2022 Shiraz

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Digitally signed by SHIRAZ ALI Date: 2022.08.01 13:09:54 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Abhishek and 4 Others v. State of U.P. and Another

Case brief

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