Allowed

Ram Bihari v. State of U.P. and Another

Allahabad HC9 Aug 2023A482/10621/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings instituted against the applicant. Relying on mutual compromise verified by the trial court and applying well-settled legal principles, the court held that no useful purpose would be served by continuing the trial.

What did the court decide?

The criminal case proceedings (Criminal Case No. 0019 of 2021) filed against the applicant were quashed.

Ram Bihari Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:161163

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 10621 of 2023

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Applicant :- Ram Bihari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ruchita Singh Counsel for Opposite Party :- G.A.,Akshay Raj Singh

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and Sri Akshay Raj Singh, learned counsel for opposite party No. 2.

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The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 0019 of 2021 (State vs. Ram Bihari Rathore), arising out of Case Crime No. 0016 of 2021, under Sections 328, 377, 506 IPC, section 3/4 POCSO Act and Section 67-B of I.T. Act, P.S. -Kotwali -Konch, District -Jalaun, pending in the Court of Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai.

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Earlier applicant has approached this Court by filing Application U/S 482 No. 38650 of 2022, which was disposed of vide order dated 21.12.2022 with liberty to the applicant to file compromise before the Court. Further, Court has granted liberty to file fresh 482 application along with certified copy of order passed on the compromise deed.

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Learned counsel for applicant submitted that now parties have entered into compromise, which has been verified by Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai vide order dated 17.01.2023. A certified copy of the same is also annexed along with present 482 application. Therefore, in the light of compromise, present proceeding may be quashed.

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Sri Akshay Raj Singh, learned counsel for opposite party No. 2 has not disputed the aforesaid facts and submitted that in case present proceeding is quashed, he would have no objection.

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In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between

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the parties, therefore, no useful purpose would be served in proceeding with the matter further.

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Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677 , Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642 , the proceedings of the aforesaid case is hereby quashed.

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The present application is, accordingly allowed .

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No order as to costs.

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Order Date :- 9.8.2023 Sartaj

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Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad

Ram Bihari v. State of U.P. and Another

Case brief

What is this about?

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Ram Bihari v. State of U.P. and Another

Case brief

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