Allowed

Ram Saran Kashyap v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. and Another

Allahabad HC5 Jan 2023/9935/2022

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash criminal proceedings and charge sheet based on a compromise. The court confirmed a compromise dated 26.9.2022 and allowed the application, quashing all pending sessions proceedings.

What did the court decide?

The entire proceedings of Session Trial No. 729 of 2022 and the Charge Sheet dated 11.03.2022 were quashed.

Ram Saran Kashyap Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2023)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 9935 of 2022

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Applicant :- Ram Saran Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Anshuman Singh,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anshuman Singh, learned counsel for the applicant, Sri Tilak Raj Singh, learned Addl. Government Advocate for the State and Sri Dhananjay Kumar Maurya, Advocate who has filed his vakalatnama on behalf of the opposite party Nos.2 and 3.

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By means of the instant application the applicant prays for quashing of the entire proceedings of the Session Trail No. 729 of 2022 (State Vs Ram Saran Kashyap), under sections 363 and 366 IPC pending in the court of the learned fast track court II, Lucknow, and for the quashing of the Charge Sheet dated 11.03.2022, arising out of Case Crime No. 126/2022, under Sections 363 and 366 IPC submitted against the applicant by the police of Police Station Gomti Nagar, District Lucknow, on the basis of compromise said to have been entered into between the parties.

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Learned counsel for the applicant submits that after filing of charge sheet and cognizance having been taken by the Court parties have entered into a compromise stating that they have resolved their disputes and they have entered into a compromise and they do not want to pursue the proceedings of the present case. The compromise has also been verified by the learned Addl. Sessions Judge/Fast Track Court-2, Lucknow, vide order dated 9.11.2022.

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Sri Dhananjay Kumar Maurya, Advocate, learned counsel for the opposite party Nos. 2 and 3 as also the learned A.G.A. have no objection to the application being allowed in terms of the Compromise dated 26.9.2022 said to have been entered into between the parties.

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Accordingly, the instant application under Section 482 Cr.P.C. is allowed on the basis of the compromise dated 26.9.2022. Resultantly, the entire proceedings of Session Trail No. 729 of 2022 (State Vs Ram Saran Kashyap), under sections 363 and 366 IPC pending in the court of the learned fast track court II, Lucknow, and also the Charge Sheet dated 11.03.2022, arising

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out of Case Crime No. 126/2022, under Sections 363 and 366 IPC submitted against the applicant by the police of Police Station Gomti Nagar, District Lucknow, are hereby quashed .

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Order Date :- 5.1.2023 A.Nigam

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

Ram Saran Kashyap v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Ram Saran Kashyap v. State of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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