Allowed

Kapil and 2 Others v. State of U.P. and Another

Allahabad HC9 May 2023A482/24735/2022

Case brief

AI extract

What is this about?

This judgment allows an application under Section 482 Cr.P.C. to quash criminal proceedings where the parties have amicably settled their dispute and filed a verified compromise deed. Relying on established Supreme Court precedents regarding settlements in compoundable offences, the High Court held that the entire trial proceedings must be quashed when there is no genuine interest in pursuing the

What did the court decide?

Quashment of the entire proceedings of Criminal Case No. 3679 of 2020 arising from Crime No.37 of 2019 under Sections 323, 308, and 504 IPC.

Kapil and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:99758

¶2

Court No. - 70

¶3

Case :- APPLICATION U/S 482 No. - 24735 of 2022

¶4

Applicant :- Kapil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

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

¶7

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Criminal Case No. 3679 of 2020 arising out of Case Crime No.37 of 2019, under Sections 323, 308, 504 I.P.C., P.S. Didoli, District J.P. Nagar (Amroha) pending in the court of Chief Judicial Magistrate, Amroha as well as the charge-sheet dated no. 13 of 2020 dated 14.01.2020.

¶8

The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the Court below. Thereafter, this Court, vide order 10.04.2023, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

¶9

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 26.04.2023, kept on record of this case.

¶10

In the present case, the sections involved are Sections Sections 323,

¶11

308, 504 I.P.C..

¶12

In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 26.04.2023 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

¶13

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

¶14

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 Criminal Case No. 3679 of 2020 arising out of Case Crime No.37 of 2019, under Sections 323, 308, 504 I.P.C., P.S. Didoli, District J.P. Nagar (Amroha) pending in the court of Chief Judicial Magistrate, Amrohaare hereby quashed.

¶15

Accordingly, the instant application is allowed.

¶16

Order Date :- 9.5.2023 Krishna*

¶17

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

Kapil and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kapil and 2 Others 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

Sooraj and 3 Others Vs State of U.P. and Another

Manniram @ Munni Ram Vs State of U.P. and Another

Keshav Kumar @ Keshav Singh and 4 Others Vs State of U.P. . and Another

Intzar and 18 Others Vs State of U.P. and Another

Ankit Shukla and 3 Others Vs State of U.P. and Another

Ved Prakash Tiwari Vs State of U.P. and 2 Others