Allowed

Abbu and 3 Others v. State of U.P. and Another

Allahabad HC24 Apr 2023A482/16785/2022

Case brief

AI extract

What is this about?

In an appeal under Section 482 Cr.P.C., the Allahabad High Court quashed criminal proceedings based on a verified compromise between the applicant and the respondent in offences under the IPC. The Court held that as parties settled their dispute and a compromise deed was certified by the trial court, no useful purpose would be served by continuing criminal proceedings.

What did the court decide?

Entire proceedings of Case No. 3527/9 of 2013, Crime No. 43 of 2013 under sections 452, 323, 504, 506 IPC were quashed.

Abbu and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 16785 of 2022

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Applicant :- Abbu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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The case is taken up in the revised call.

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None appears on behalf of applicants to press this application even in the revised calling of the list whereas Mr. Pankaj Srivastava, learned A.G.A. for the State.

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This application has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 3527/9 of 2013 (State Vs. Abbu and others), Case Crime No. 43 of 2013, under section 452, 323, 504, 506 IPC, Police Station Kotwali City, District Muzaffar Nagar pending before the court of learned Chief Judicial Magistrate, Muzaffar Nagar for the charge sheet dated 15.01.2023 as well as cognizance order dated 26.06.2013.

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On 08.07.2022, the following order was passed:-

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"Sri Sanjay Kumar Srivastava, Advocate has filed his Vakalatnama on behalf of the opposite party no.2, the same is taken on record.

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Heard learned counsel for the applicants, Sri Sanjay Kumar Srivastava, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.

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This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed to quash the proceeding in terms of compromise in Case No. 3527/9 of 2013 (State vs. Abbu and others), Case Crime No. 43 of 2013, under Sections - 452, 323, 504, 506 I.P.C., P.S. Kotwali City, District - Muzaffar Nagar, pending before the court of Chief Judicial Magistrate, Muzaffar Nagar for the charge sheet dated 15.1.2013 as well as its order of cognizance dated 26.6.2013.

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Learned counsel for the applicants submits that applicants and opposite party no. 2 have settled their dispute. However, the physical verification of the same is required to be made by the court concerned.

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Sri Sanjay Kumar Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. do not dispute the submission made by learned counsel for the applicants and they have no objection to it.

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Accordingly, it is provided that both the parties shall appear before the court below on 27.07.2022 and shall file an application along with a

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certified copy of this order for verification of the original compromise document. It is expected that the court below may verify the compromise entered into between the parties and pass an appropriate order with respect to the verification. Upon due verification, the court below may pass appropriate order in that regard and send verification report to this Court before the next date of listing of the case.

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List this case on 26.08.2022 in the additional cause list along with the verification report.

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Till then, no coercive action shall be taken against the applicants. "

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In compliance of the aforesaid order, the report regarding verification of compromise received from Chief Judicial Magistrate, Muzaffar Nagar has been placed on record as is evident from the office report dated 24.04.2023. A letter of CJM, Muzaffar Nagar dated 02.08.2022 has been placed on record along with compromise deed as well as order dated 27.07.2022 vide which the compromise has been verified in the presence of parties and their respective counsels.

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In the affidavit accompanying the present application, it has been stated on behalf of applicant since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.

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Learned A.G.A. for the State also accept that the parties have entered into a compromise and he has no objection, if the proceedings in the aforesaid case are quashed.

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This Court is not unmindful of 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; and

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

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In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.

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Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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 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 criminal case as the parties have already settled their dispute.

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Accordingly, entire proceedings of Case No. 3527/9 of 2013 (State Vs. Abbu and others), Case Crime No. 43 of 2013, under section 452, 323, 504, 506 IPC, Police Station Kotwali City, District Muzaffar Nagar pending before the court of learned Chief Judicial Magistrate, Muzaffar Nagar on the basis of compromise are hereby quashed.

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The application is, accordingly, allowed . There shall be no order as to costs.

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Order Date :- 24.4.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Abbu and 3 Others v. State of U.P. and Another

Case brief

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Abbu and 3 Others v. State of U.P. and Another

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