Allowed

Mahabir Singh v. State of U.P. and Another

Allahabad HC3 May 2023A482/22943/2022

Case brief

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What is this about?

In this application under Section 482 CrPC, the applicant-challenged the prosecution proceedings under Sections 497 and 377 IPC based on a compromise entered during mediation proceedings. The court held that the complainant no longer wished to press the complaint and found no useful purpose in prolonging the proceedings.

What did the court decide?

The entire proceedings of prosecution of Complaint Case No. 456/2016 under Section 497 and 377 I.P.C. pending in the Court of A.C.J.M. III, Shahjahanpur, are hereby quashed.

Mahabir Singh Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 22943 of 2022

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Applicant :- Mahabir Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Dahma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Mr. Devendra Dahma, the learned counsel for applicant and the learned AGA for State.

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Perused the record.

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This application under Section 482 Cr.P.C. has been filed by complainant-applicant challenging the entire proceedings of Complaint Case No. 456 of 2016 (Mahabir Vs. Mahesh and Another), under Sections 497 and 377 I.P.C., Police Station Sadar, District Shahjahanpur, on the ground that parties have entered into a compromise in the Mediation Proceedings conducted at the Mediation and Conciliation Centre, Supreme Court.

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Learned counsel for applicant submits that applicant is the complainant in aforementioned complaint case. However, in view of the compromise entered into by the parties in the mediation proceedings referred to above the complainant does not wish to press his complaint. On the above premise, he contends that once the complainant himself does not desire to press the complaint, the proceedings are liable to be quashed.

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It is then contended that the parties have entered into amicable settlement and in view of above no useful purpose shall be served in prolonging the proceedings of the complaint case.

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Per contra, the learned AGA does not oppose this application. He submits that since applicant is the complainant in aforementioned complaint case, and the complainant himself is

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not desirous of pursuing this complaint no useful purpose shall be served in prolonging the proceeding of aforementioned complaint case.

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Having heard the learned counsel for complainant-applicant, learned AGA for State upon perusal of record this Court finds that applicant is the complainant in aforementioned complaint case and he himself does not wish to press his complaint any further.

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Accordingly, the present Misc. Application is allowed. The entire proceedings of prosecution of Complaint Case No. 456/2016 (Mahabir vs. Mahesh & Another) under Section 497 and 377 I.P.C. is now pending in the Court of A.C.J.M. III, Shahjahanpur, are hereby quashed.

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Order Date :- 3.5.2023 Ruhi

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Mahabir Singh v. State of U.P. and Another

Case brief

What is this about?

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Mahabir Singh v. State of U.P. and Another

Case brief

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