Allowed

Viresh Chandra and 5 Others v. State of U.P. and Another

Allahabad HC26 May 2023A482/11370/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. The court found that the dispute between the applicants and the private complainant had been amicably settled and verified by the trial court, finding the case falls within settled legal principles for quashing. The proceedings were quashed upon submission of a sum to the Legal

What did the court decide?

Charge sheet, cognizance order, and all proceedings were quashed; applicants and opposite party no.2 to deposit Rs.10,000/each for District Legal Services Authority.

Viresh Chandra and 5 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118184

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 11370 of 2023

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Applicant :- Viresh Chandra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Rajnish Dubey, learned counsel for the applicants, Sri Sandeep Kumar Agrahari, learned counsel for the opposite party no.2, Sri S.K. Singh, learned AGA for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to allow this application under 482 Cr.P.C. and quash the entire criminal proceeding on the basis of compromise of Case No.4245 of 2022 (State Vs. Viresh Chandra and others) as well as charge sheet dated 17.7.2021 and cognizance order dated 13.4.2022 passed by C.J.M. Kannauj arising out of case crime no.100 of 2021, u/s 147, 323, 504, 354, 506 IPC, P.S. Talgram, District Kannauj and further with the prayer to stay the further proceeding of aforesaid case.

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Supplementary affidavit dated 9.5.2023 filed by learned counsel for the applicants is taken on record. As per supplementary affidavit, in compliance of this Court's order dated 4.4.2023, compliance report of court concerned is on record.

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Learned counsel for the applicants has submitted that as the dispute between the parties was compromised, this court directed the applicants to file the compromise deed before the trial court concerned which was to be verified by the court concerned and to send its report to this Court by the next date. In pursuance of the said order, the applicants appeared before the trial court and filed the compromise deed. It is argued that the court concerned vide order dated 25.4.2023 verified the said compromise, copy of the same is on record, as such the proceedings against the applicants may be quashed.

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Learned counsel for the opposite party no.2 as well as learned counsel for the State admitted the fact of compromise and stated

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that they have no objection if the proceeding of the aforesaid case is quashed against the applicants.

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From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably, the said compromise has been also been verified by the trial court.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

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The charge sheet, cognizance order as well as entire proceedings of the aforesaid case are hereby quashed subject to the applicants and the opposite party no.2 shall deposit Rs.10,000/each before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

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The present application is allowed.

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(Samit Gopal, J.)

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Order Date :- 26.5.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Viresh Chandra and 5 Others v. State of U.P. and Another

Case brief

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Viresh Chandra and 5 Others v. State of U.P. and Another

Case brief

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