Allowed

Adil Khan @ Zuber and Another v. State of U.P. and Another

Allahabad HC2 Jan 2023A482/14610/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the High Court quashed the charge sheet and entire proceedings of a criminal case arising under Sections 498-A, 323, 504, 506 IPC and DP Act. The court accepted that parties had settled the matter via a verified compromise deed, finding no useful purpose in prolonging the proceedings, relying on Supreme Court precedents allowing compromise in cognizable of

What did the court decide?

The proceedings of Criminal Case No.900 of 2015 and Charge Sheet No.215 of 2011 are hereby quashed.

Adil Khan @ Zuber and Another Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 14610 of 2022

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Applicant :- Adil Khan @ Zuber And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A.,Mukesh Kumar

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.

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This application has been moved with the prayer to quash the Charge Sheet No.215 of 2011 dated 27.10.2011 as well as entire proceedings of Criminal Case No.900 of 2015 (State Vs. Adil Khan @ Zuber and others) arising out of Case Crime No.951 of 2011, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 DP Act, Police Station Milak, District Rampur pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Rampur.

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Learned counsel for the applicants and learned counsel for the opposite party no.2 submits that parties settled the matter by way of compromise, copy of the report of verified compromise deed is filed today before the Court, hence proceeding and impugned order is liable to be quashed.

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The attention of this Court has been drawn to the following judgements of the Apex Court:-

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B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

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Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

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Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

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Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

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Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

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In the aforesaid cases, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court

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in Shaifullah and others Vs. State of U.P. and another, 2013 (83) ACC 278 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned cases.

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In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

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The application is, accordingly, allowed.

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Order Date :- 2.1.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Adil Khan @ Zuber and Another v. State of U.P. and Another

Case brief

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Adil Khan @ Zuber and Another v. State of U.P. and Another

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