Allowed

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

Allahabad HC4 Aug 2023A482/19781/2023

Case brief

AI extract

What is this about?

In this S.K. 482 Cr.P.C. application, the Allahabad High Court quashed criminal proceedings for compounding offences related to domestic disputes after the trial court verified a compromise between the applicants and the State. The court held that no useful purpose would be served in continuing the case.

What did the court decide?

Proceedings of Criminal Case No. 490 of 2021 arising out of case crime no. 0321 of 2019 were quashed.

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

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Neutral Citation No. - 2023:AHC:157369

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 19781 of 2023

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Applicant :- Sarik And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 10 of 2021 dated 10.01.2021 as well as entire proceedings of Criminal Case No. 490 of 2021, arising out of Case Crime No. 0321 of 2019, under Sections- 498-A, 494, 323. 506 I.P.C. and 3/4 D.P. Act, Police Station- Dankaur, District- Gautam Buddha Nagar.

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The case was heard on 25.05.2023 and the Court has passed the following order:-

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"1. List revised.

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2. Heard Sri Manish Kumar, learned counsel for the applicants, Sri R.K. Gupta, learned counsel for the State and perused the records.

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3. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 3 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.

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4. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned which shall be verified by the court concerned within three weeks thereafter and send its report to this Court.

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5. List on 20.7.2023.

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6. Till the next date of listing, no coercive action shall be taken against the applicants Sarik, Vakeel, Nanno and Kapil in Criminal Case No.490 of 2021 arising out of case crime no.0321 of 2019, u/s 498-A, 494, 323, 506 IPC and 3/4 D.P. Act, P.S. Dankaur, District Gautam Buddh Nagar pending in the court of A.C.J.M. Ist, Gautam Buddha Nagar."

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Pursuant to order dated 25.05.2023, compromise has been verified by the trial Court vide order dated 03.07.2023 and the same has been received to this Court from Additional Chief Judicial Magistrate-Ist, Gutam Buddha Nagar vide letter dated 11.07.2023.

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Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicants 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 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 reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) , as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), 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 :- 4.8.2023 ADY

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Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad

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

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

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