Allowed

Bhullur Yadav and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC3 Jul 2023/5610/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench, allowed an application under Section 482 CrPC to quash criminal proceedings for cheating and cheating-related offenses. The court found that the parties had entered into a compromise which was verified by the trial court, leaving no grievance to be agitated. Consequently, the criminal case pending against the applicants was quashed.

What did the court decide?

Criminal proceedings under Sections 419 and 420 IPC arising out of Case No. 12845/2020 were quashed along with the cognizance/summons order dated 21.09.2020.

Bhullur Yadav and Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:42297

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 5610 of 2023

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Applicant :- Bhullur Yadav And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Amit Kumar Singh,Prashansa Singh Counsel for Opposite Party :- G.A.,Arunima Shukla

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Hon'ble Shree Prakash Singh,J.

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Heard Ms. Prashansa Singh, learned counsel for the applicants, Sri Nirmal Pandey, learned A.G.A. for the State, Sri Nirmal, Ms. Priya Singh, Advocate holding brief of Sri Arunima Shukla, 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 set-aside/quash the whole criminal proceedings of Case No. 12845/2020 (State Versus Bhullur and others) under section 419, 420 I.P.C. arising out of charge-sheet No. 129 of 2020 dated 28.02.2020 of Case Crime No. 0855 of 2019, relating to Police Station-Kotwali Ayodhya, District-Faizabad Now Ayodhya along with cognizance/ summoning order dated 21.09.2020, pending in the court of learned Chief Judicial Magistrate, Faizabad/ Ayodhya on the basis of compromise which was held in between the parties on 26.02.2021, which was verified by the court of Chief Judicial Magistrate, Faizabad vide order dated 04.05.2023.

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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. 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 03.03.2022, the verification was done and report has been submitted to this Court vide order dated 04.05.2023. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.0855 of 2019 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

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opposite party no. 2 has no grievance, hence, criminal 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 which is undated referred in verification order dated 04.05.2023 and said compromise has been verified on 04.05.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 0855 of 2019.

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In view of the above, as the applicants and opposite parties have entered into compromise which is undated and referred in verification order dated 04.05.2023, 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 Case No. 12845/2020 (State Versus Bhullur and others) under section 419, 420 I.P.C. arising out of charge-sheet No. 129 of 2020 dated 28.02.2020 of Case Crime No. 0855 of 2019, relating to Police Station-Kotwali Ayodhya, District-Faizabad Now Ayodhya along with cognizance/ summoning order dated 21.09.2020, pending in the court of learned Chief Judicial Magistrate, Faizabad/ Ayodhya 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 :- 3.7.2023 Anurag

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

Bhullur Yadav and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Bhullur Yadav and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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