An Article 227 petition to quash criminal proceedings was allowed as the parties had amicably settled the dispute, and the compromise was already verified by the Chief Judicial Magistrate.
Petition under Article 227 allowed; proceedings in Complaint Case No. 3159 of 2012 quashed.
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Neutral Citation No. - 2023:AHC:168176
Court No. - 79
Case :- MATTERS UNDER ARTICLE 227 No. - 3414 of 2018 Petitioner :- Ravindra Nath Rai And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Shekhar Rai Counsel for Respondent :- G.A.,Jitendra Shanker Pandey,Pankaj Roy Hon'ble Vipin Chandra Dixit,J.
Supplementary affidavit has been filed on behalf of respondent no.2, is taken on record.
Heard Sri Chandra Shekhar Rai, learned counsel for the petitioner, learned AGA for the State and Sri Pankaj Roy, learned counsel appearing on behalf of opposite party no.2 and perused the record.
This petition under Article 227 has been filed on behalf of petitioner for setting aside the impugned order dated 07.03.2013 passed by IInd Additional Chief Judicial Magistrate, Ballia in Criminal Complaint Case No. 3159 of 2012 (Ashok Kumar Rai Vs.Ravindra Rai and another) and 24.01.2018 in Criminal Revision No. 186 of 2013 (Ravindra Nath Rai and Another Vs. State of U.P. and Another).
It is submitted by learned counsel for the petitioner that the parties had amicably settled their dispute out side the Court and a written compromise has taken place between the parties. This Court vide order dated 10.07.2023 had directed the parties to appear before the court below for the verification of compromise.
In compliance of order dated 10.07.2022 both the parties were appeared before the court below on 22.07.2023 who were duly identified by their respective counsels and the compromise was verified by the Chief Judicial Magistrate on 22.07.2023. Certified copy of order dated 22.07.2023 has been filed as Annexure S.A.-2 to the supplementary affidavit filed today.
Learned AGA for the State as well as learned counsel appearing on behalf of respondent no.2 do not dispute the aforesaid facts.
In view of the aforesaid fact, since the parties have amicably settled their dispute outside the Court and compromise between the parties had already been verified by the Court below, the present petition under Article 227 is liable to be allowed .
Accordingly, the present petition under Article 227 is allowed and proceedings of Complaint Case No.3159 of 2012 (Ashok Kumar Rai Vs. Ravindra Rai and Another) under Sections 417, 418, 469 and 471 IPC is hereby quashed.
Order Date :- 21.8.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should exercise superintendence under Article 227 to quash criminal proceedings where a dispute has been settled amicably.
Whether the quashing of complaint proceedings is appropriate after verification of a compromise by the lower court.
2 provisions across 2 enactments
Ravindra Nath Rai
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
