Allowed

Virendra Singh and 3 Others v. State of U.P. and Another

Allahabad HC20 Apr 2023A482/12646/2023

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings under Sections 323, 324, 504, and 506 IPC arising from a non-heinous offence. Relying on a reported compromise and the presence of mutual settlement terms, the Court held that continuing the prosecution would be an abuse of process and serve no useful purpose.

What did the court decide?

The proceedings of Criminal Case No. 14261 of 2017 (renumbered as 2075 of 2017) were quashed.

Virendra Singh and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 12646 of 2023

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Applicant :- Virendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Sagar Verma,Ashish Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar

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Hon'ble J.J. Munir,J.

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In compliance with the orders of this Court dated 12.04.2023, a report from the Incharge Additional Chief Judicial Magistrate, Court No. 7, Agra dated 18.04.2023 has been received, reporting a verification of the compromise by all parties. Along with the Additional Chief Judicial Magistrate's report, a copy of the order verifying the compromise and a copy of the compromise have also been annexed.

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This application has been filed seeking to quash the entire proceedings of Criminal Case No. 14261 of 2017 (renumbered as 2075 of 2017) State of U.P. vs. Virendra Singh and others (arising out of Case Crime No. 36 of 2017), under Sections 323, 324, 504, 506 IPC, P.S. Etmaddaula, District Agra pending in the Court of the Additional Chief Judicial Magistrate, Court No. 7, Agra.

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Heard Mr. Asish Kumar, learned counsel for the applicants, Mr. Gaurav Kulshreshta, Advocate holding brief of Mr. Sunil Kumar, learned counsel for opposite party no. 2 and the learned AGA appearing on behalf of the State.

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A perusal of the terms of the compromise shows that the parties have entered into a compromise and in terms thereof, they do not want to pursue the prosecution any further.

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Looking to the nature of the allegation, it is evident that the offence is not heinous and one, where the State though formally the forerunner of the prosecution, may object.

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Learned AGA states that looking to the nature of the allegation and the fact that the offence is not heinous, the Court may pass appropriate orders, as it considers fit.

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Looking to the nature of the injuries, offence charged, the nature of allegations and over all circumstances as well as the the terms of the compromise, this Court finds that no useful purpose would be served by permitting this prosecution to continue, which would be an abuse of process of Court. Rather, it would only involve avoidable expenditure of resources, time and energy in holding a trial, the result whereof is obvious. It would also result in harassment of the parties. In the circumstances, the impugned proceedings are liable to be quashed.

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In the result, this application succeeds and is allowed. The proceedings of Criminal Case No. 14261 of 2017 (renumbered as 2075 of 2017) State of U.P. vs. Virendra Singh and others (arising out of Case Crime No. 36 of 2017), under Sections 323, 324, 504, 506 IPC, P.S. Etmaddaula, District Agra, pending in the Court of the Additional Chief Judicial Magistrate, Court No. 7, Agra, are hereby quashed .

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An entry shall be made in the GD of the police station Etmauddaula, District Agra, to the effect that proceedings of Criminal Case No. 14261 of 2017 (renumbered as 2075 of 2017) State of U.P. vs. Virendra Singh and others (arising out of Case Crime No. 36 of 2017), under Sections

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323, 324, 504, 506 IPC, P.S. Etmaddaula, District Agra pending in the Court of the Additional Chief Judicial Magistrate, Court No. 7, Agra, have been quashed under orders of this Court. The Chief Judicial Magistrate, Agra shall ensure compliance of this part of the order at the police station concerned.

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Let this order be communicated to the learned Chief Judicial Magistrate, Agra through the learned Sessions Judge, Agra and the S.H.O., P.S. Etmaddaula, District Agra through the S.S.P., Agra by the Registrar (Compliance) within a week.

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Order Date :- 20.4.2023 Deepak

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Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad

Virendra Singh and 3 Others v. State of U.P. and Another

Case brief

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Virendra Singh and 3 Others v. State of U.P. and Another

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