Allowed

Shiva Nand Singh v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Allahabad HC5 Oct 2023/9653/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad (Lucknow Bench) allowed an application under Section 482 Cr.P.C. to quash criminal proceedings under Sections 353, 504, and 506 of the IPC. The court held that since a compromise deed dated 01.04.2023 was executed and verified on 16.06.2023 by the trial court, with no remaining dispute, the criminal proceedings are liable to be set aside.

What did the court decide?

The proceedings of Criminal Case No. 20/2022 arising out of Case Crime No. 426 of 2020 under Sections 353, 504, 506 of IPC are hereby quashed.

Shiva Nand Singh Vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:64286

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9653 of 2023

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Applicant :- Shiva Nand Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Anjani Kumar Dvivedi Counsel for Opposite Party :- G.A.,Prashant Shukla

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Hon'ble Shree Prakash Singh,J.

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Sri Prashant Shukla,Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no. 2 and the same is taken on record.

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Heard Sri Anjani Kumar Dvivedi, learned counsel for the applicant, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State, Sri Prashant Shukla, learned counsel for the opposite party no. 2 and perused the record.

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By means of the instant application, the applicant has prayed for quashing of the impugned proceedings of criminal case no. 20/2022, State Vs. Shiva Nand Singh as well as the chargesheet no. 01 dated 01-10-2020, U/s 353/504/506 of I.P.C., arising out of Case Crime No./FIR No. 426 of 2020, dated 24-09-2020 under sections353/504/506 of I.P.C., Police Station-Mawai, DistrictAyodhya(Faizabad).

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Learned counsel appearing for the applicant submits due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 01.04.2022. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicant would be a futile exercise and amount to harassment of the applicant.

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Adding his arguments, he also submits that this Hon'ble Court vide order dated 22.05.2023 has referred the matter for compromise verification in

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Application U/S 482 Cr.P.C. No. 5016 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 01.04.2023 has been verified in presence of all concerned parties and the order of verification was passed on 16.06.2023 by the learned Addl.Civil Judge(Jr.Divisioin)IV/J.M.,Faizabad. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No. 20/2022(State of U.P. versus Shiva Nand Singh) arising out of Case Crime No.426 of 2020, under Sections 353,504,506 of IPC, Police Station-Mawai, District -Ayodhya(Faizabad), may be quashed.

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On the other hand, learned counsel for the opposite party no. 2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped.

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On the other hand, learned AGA appearing for the State has no objection to the contentions 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 01.04.2023 and said compromise has been verified on 16.06.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Shiva Nand Singh, arising out of aforementioned Case Crime No. 426 of 2020.

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In view of the above, as the applicants and opposite parties have entered into compromise on 01.04.2022 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

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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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Resultantly, the proceedings of Criminal Case No. 20/2022(State of U.P. versus Shiva Nand Singh) arising out of Case Crime No.426 of 2020, under Sections 353,504,506 of IPC, Police StationMawai, District -Ayodhya(Faizabad), are hereby quashed.

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The compromise deed shall be 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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Order Date :- 5.10.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shiva Nand Singh v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Case brief

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Shiva Nand Singh v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Case brief

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