Quashed

Kaushal Kumar v. State of U.P Thru. Secy. Home and 3 Others

Allahabad HC4 Jul 2023/1387/2022

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed to quash criminal proceedings following a mediation settlement between applicant and respondent. Proceeding arising from alleged offences under Sections 406 and 506 IPC was quashed as there was no dispute left between parties.

What did the court decide?

Criminal Case No.729 of 2022 under Sections 406 & 506 IPC registered in Police Station Kotwali Nagar, District Barabanki quashed.

Kaushal Kumar Vs State of U.P Thru. Secy. Home and 3 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:42695

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 1387 of 2022

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Applicant :- Kaushal Kumar Opposite Party :- State Of U.P Thru. Secy. Home And 3 Others Counsel for Applicant :- Jai Ram Singh Yadav Counsel for Opposite Party :- G.A.,Ajay Kumar,Ram Sajiwan Yadav,Sonu Yadav

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Hon'ble Shree Prakash Singh,J.

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Case called out. None present for opposite party no. 2.

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Heard Sri Jai Ram Singh Yadav, learned counsel for the applicant, Sri Girijesh Dwivedi, learned A.G.A. for the State and perused the material placed on record.

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Instant application has been filed with prayer to quash/set aside the entire proceeding of Criminal Case No.729 of 2022 (State Versus Kaushal Kumar) Crime No.1080 of 2020 under Sections 406 & 506 IPC registered in Kotwali Nagar, and Barabanki, pending in the court of Chief Judicial Magistrate, Court No.18, District Barabanki, including Charge Sheet No.A 247 of 2021 dated 14.3.2021.

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Learned counsel appearing for the applicant submits that vide order dated 30.03.2022, the matter was referred to the Mediation and Conciliation Centre of this Court, wherein, both the parties appeared and they have settled their dispute amicably. He next added that the settlement agreement has also been executed between the parties and all the parties signed over there.

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Adding his argument he submits that now there is no dispute in between the parties and further criminal proceedings would be futile exercise and amount to harassment of the applicant and thus, submission is that the criminal proceedings against the present applicant may be quashed.

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Learned counsel for the State has no objection to the submissions aforesaid.

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Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the present applicant and opposite party no. 2, with respect to

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financial transactions and thereafter, they sat together and have settled their dispute before the Mediation and Conciliation Centre and that too has been reduced in writing as settlement agreement dated 23.05.2023.

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This Court further noticed the fact that the Mediation Center has also sent its report dated 23.05.2023 whereby it has been reported that Mediation is successful and completed.

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A copy of the settlement agreement dated 23.05.2023 has also been enclosed along with the report of the Mediator.

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Resultantly, the criminal proceedings of Criminal Case No.729 of 2022 (State Versus Kaushal Kumar) arising out of Case Crime No.1080 of 2020 under Sections 406 & 506 IPC registered in Police Station- Kotwali Nagar, District- Barabanki is hereby quashed.

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Consequences to be followed.

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Consigned to record.

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Order Date :- 4.7.2023 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kaushal Kumar v. State of U.P Thru. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Kaushal Kumar v. State of U.P Thru. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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