Allowed

Sunil Kumar and Another v. State of U.P. and Another

Allahabad HC6 Jan 2023A482/22662/2022

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings instituted under various IPC and SC/ST Act provisions. Relying on established Supreme Court precedents, the Court held that since the parties had amicably settled the dispute via a genuine compromise deed verified by the trial court, the proceedings were quashed.

What did the court decide?

The entire proceedings of Case No. 794 of 2022 arising out of Crime No. 457 of 2021 under the mentioned sections are quashed.

Sunil Kumar and Another Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

¶1

Court No. - 68 Case :- APPLICATION U/S 482 No. - 22662 of 2022 Applicant :- Sunil Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.,Vikas Chauhan

¶2

Hon'ble Shekhar Kumar Yadav,J.

¶3

Heard learned counsel for the applicants, learned A.G.A. for the State, Mr Vikas Chauhan, learned counsel for opposite party no.2 and perused the material available on record.

¶4

The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of Case No. 794 of 2022 arising out of Case Crime No. 457 of 2021, (State Vs Sunil Kumar and another), under Sections 406, 420, 504, 506 IPC and Section 3(1)Da and Dha and Section 3(2)(va) SC/ST Act, P.S. Gangoh, District Saharanpur on the basis of the compromise entered into between the parties.

¶5

The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed dated 12.07.2022 annexed as Annexure No. 5 to the application under Section 482 Cr.P.C. Thereafter, this Court, vide order 10.11.2022, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

¶6

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed dated 24.11.2022 and the same has been verified by the trial Court, vide order dated 05.12.2022, kept on record of this case.

¶7

In the present case, the sections involved are Sections 406, 420, 504, 506 IPC and Section 3(1)Da and Dha and Section 3(2)(va) SC/ST Act.

¶8

In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 5.12.2022 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

¶9

Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.

¶10

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of Case No. 794 of 2022 arising out of Case Crime No. 457 of 2021, (State Vs Sunil Kumar and another), under Sections 406, 420, 504, 506 IPC and Section 3(1)Da and Dha and Section 3(2)(va) SC/ST Act, P.S. Gangoh, District Saharanpur are hereby quashed.

¶11

Accordingly, the instant petition is allowed.

¶12

Order Date :- 6.1.2023 RavindraKSingh

¶13

Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad

Sunil Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sunil Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Pravesh Devi Vs State of U.P. and Another

Smt. Shabana Nizam Vs State of U.P. and Another

Sukhbeer and 2 Others Vs State of U.P. and Another

Brajesh Kumar Pandey Vs State of U.P. and Another

Chaman Lal Vs State of U.P. and Another

Smt. Aditi Mishra and Another Vs State of U.P. and Another