Allowed

Krishna Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Home, Lko. and Another

Allahabad HC19 Oct 2023/8363/2023

Case brief

AI extract

What is this about?

The Single Judge allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. The court held that since the disputed amount was paid in full and the civil issue was resolved between parties, the criminal proceedings had lost their efficacy.

What did the court decide?

Criminal Case No.499/2019 and Case Crime No.0048/2019 under Sections 406, 504, 506 IPC are quashed with direction to communicate the order to the court below.

Krishna Kumar and Another Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2023)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 8363 of 2023

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Applicant :- Krishna Kumar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Piyush Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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AfÏdavit of compliance filed by learned counsel for the applicants is taken on record.

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The present application under Section 482 Cr.P.C. is filed with the prayer to quash the proceeding of Criminal Case No.499/2019, arising out of Case Crime No.0048/2018 under Section 406, 504, 506 I.P.C., Police Station Alapur, District Ambedkar Nagar.

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On 11.10.2023, following order was passed:-

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1. Vakalatnama filed by Mr. Ramesh Chandra Pandey, Advocate on behalf of respondent no.2 is taken on record. 2. In pursuance of the order dated 18.09.2023 parties are present and they have been duly identified by their respective counsels. 3. Learned counsel for the applicant submitted that Rs. 18,500/- have already been paid to the private respondent. Private respondent does not dispute this fact. Applicant also submitted that he is ready to submit rest of the amount i.e., 11,500/- in cash today. He also requested that the impugned proceedings may be quashed. 4. It is undisputed by the private respondent that Rs. 30,000/- has already been received by him. 5. List this case on 19.10.2023, in the mean time parties shall file composite afÏdavit and they shall again appear before this Court.

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In pursuance of earlier order, applicant and private respondent are present and they have been duly identified by their respective counsels.

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Private respondent admitted this fact that due amount has already been received by him and now issued has been resolved between the parties. He further stated that he has no objection, in case, the impugned proceeding is quashed.

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Learned A.G.A. have no objection, in case, impugned proceeding is quashed as the issue has already been resolved between the parties.

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Considering the submissions of learned counsel for the parties, going through the record as well as statement of the private respondent, it is evident that disputed amounts has already been received by the private respondent, therefore, the impugned proceeding has lost its efÏcacy and present application is liable to be set aside.

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In view of the above, the present application under Section 482 Cr.P.C. is allowed and the proceeding of Criminal Case No.499/2019, arising out of Case Crime No.0048/2018 under Section 406, 504, 506 I.P.C., Police Station Alapur, District Ambedkar Nagar is quashed.

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OfÏce is directed to communicate this order to the learned court below forthwith.

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Order Date :- 19.10.2023 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Krishna Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Home, Lko. and Another

Case brief

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Krishna Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Home, Lko. and Another

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