Allowed

Uma Shankar Tiwari ( as Per Fir Uma Shankar ) and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 Oct 2023/2619/2023

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings under IPC Sections 420, 467, 468, 471. The court found that the dispute between the applicant and the accused was amicably settled via a compromise deed verified on 20.04.2023, resulting in no remaining grievance and supporting quashing under Section 482 CrPC.

What did the court decide?

Criminal proceedings in Complaint Case No. 1195 of 2021 under Sections 420, 467, 468, and 471 IPC are quashed.

Uma Shankar Tiwari ( as Per Fir Uma Shankar ) and… — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:67018

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 2619 of 2023

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Applicant :- Uma Shankar Tiwari ( As Per Fir Uma Shankar ) And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A.,Rajneesh Tiwari

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Amar Singh, learned counsel for the applicants, Sri B.N. Nishad, learned A.G.A. for the State, Sri Rajneesh Tiwari, learned counsel for the opposite party no.2 and perused the record.

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By means of the instant application, the applicants have prayed to quash the impugned summoning order dated 31.08.2022 passed by Judicial Magistrate, IInd, District Gonda in Complaint Case No. 1195 of 2021 under Sections 420, 467, 468, 471 of IPC, Police Station Kotwali Nagar, District Gonda as well as impugned order dated 08.02.2023 passed by the Sessions Judge, District Gonda in Criminal Revision No. 348 of 2022 as well entire proceeding of the Complaint Case No. 1195 of 2021 pending in the Court of Judicial Magistrate, IInd, District Gonda.

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The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 17.02.2023. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 21.03.2023, the verification was done and report has been submitted to this Court vide order dated 20.04.2023. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Complaint Case No. 1195 of 2021 may be quashed.

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Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that the parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal

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proceedings against the applicants may be dropped.

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

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Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 17.02.2023 and said compromise has been verified on 20.04.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Complaint Case No. 1195 of 2021.

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In view of the above, as the applicants and opposite parties have entered into compromise on 17.02.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 .

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Accordingly, criminal proceedings with regard to Complaint Case No. 1195 of 2021 under Sections 420, 467, 468, 471 of IPC, Police Station Kotwali Nagar, District Gonda are hereby quashed.

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The compromise shall be the part of this order.

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The application is allowed accordingly.

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Consigned to record.

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Order Date :- 13.10.2023 Anurag

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

Uma Shankar Tiwari ( as Per Fir Uma Shankar ) and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Uma Shankar Tiwari ( as Per Fir Uma Shankar ) and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

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