Allowed

Ramesh Lal and Ors. v. the State of U.P Thru Principal Secy. Home Lucknow and Ors.

Allahabad HC5 Oct 2023/4442/2012

Case brief

AI extract

What is this about?

Application to quash criminal proceedings dismissed. The applicants had reached a settlement through the Mediation and Conciliation Centre pending the disposal of the application. The court thus allowed the quashing of the proceedings.

What did the court decide?

Application allowed. Criminal proceedings in crime no. 635 of 2011 under various IPC and SC/ST Act sections were quashed.

Ramesh Lal and Ors. Vs the State of U.P Thru Principal Secy. Home Lucknow and Ors. — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:64096

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 4442 of 2012

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Applicant :- Ramesh Lal And Ors. Opposite Party :- The State Of U.P Thru Principal Secy. Home Lucknow And Ors. Counsel for Applicant :- Umesh Pratap Singh,S.K Singh Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicants, Sri B.N. Nishad, 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 the impugned summoning order dated 09.04.2012 issued by J.M. Ambedkar Nagar and chargesheet no. 3/12 dated 15.01.2012 filed by the police authorities in case crime no. 635 of 2011 under Sections 147, 332, 323, 324, 504, 506 of IPC and 3(1) (10) of SC/ST Act.

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Learned counsel appearing for the applicants submits that vide order dated 29.10.2012, 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 contention abovesaid.

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Considering the submissions of learned counsels for the parties, it transpires that there was certain dispute in between the present applicants and opposite party no. 3, 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 19.11.2012.

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This Court further noticed the fact that the Mediation Center has also sent its report dated 19.11.2012 whereby it has been reported that Mediation is successful and completed.

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A copy of the settlement agreement dated 19.11.2012 has also been enclosed along with the report of the Mediator.

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Resultantly, the criminal proceedings case crime no. 635 of 2011 under Sections 147, 332, 323, 324, 504, 506 of IPC and 3(1)(10) of SC/ST Act pending in the Court of Judicial Magistrate, Ambedkarnagar are hereby quashed.

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The settlement agreement dated 19.11.2012 shall be the part of this order.

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Consequences to be followed.

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The application is allowed accordingly.

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Consigned to record.

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Order Date :- 5.10.2023 Anurag

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

Ramesh Lal and Ors. v. the State of U.P Thru Principal Secy. Home Lucknow and Ors.

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Ramesh Lal and Ors. v. the State of U.P Thru Principal Secy. Home Lucknow and Ors.

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