Allowed

Dilshad and 5 Others v. State of U.P. and Another

Allahabad HC28 Jul 2023A482/25707/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the court considered a plea to quash criminal proceedings based on a settlement agreement between the applicants and the opposite party regarding a property dispute, noting the opposite party had no objection to quashing.

What did the court decide?

The entire proceedings of Criminal Case No. 1674 of 2020 were quashed.

Dilshad and 5 Others Vs State of U.P. and… — Contract and Commercial Disputes | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:151686

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 25707 of 2023

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Applicant :- Dilshad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.,Pramod Kumar Singh

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Hon'ble Rajiv Gupta,J.

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Learned counsel for the opposite party no.2 has filed short counter affidavit today in Court, which is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State, Shri Pramod Kumar Singh, learned counsel for the opposite party no.2 and perused the record.

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Learned counsel for the applicants has submitted that applicants and the opposite party no.2 are the business partners and on account of dispute over purchase of the property, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other.

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Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated 04.03.2023, drawn between the parties, a copy of which has been annexed as Annexure 5 to this application.

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Learned counsel for the applicants has next submitted that in view of the said settlement agreement as well as in order to maintain harmonious and cordial relations between the parties, the entire criminal proceedings be quashed.

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Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit and in para no.9 of the said affidavit, the settlement agreement has been acknowledged and further, in para 10, it has been categorically stated that opposite party no.2 has no objection, if the entire proceedings are quashed against the applicants in view of the compromise made between the parties.

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This Court is not unmindful of the judgements of the

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Hon'ble Apex Court in the cases of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466 , Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278] , in which, law expounded by the Hon’ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the present case.

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Accordingly, the entire proceedings of Criminal Case No. 1674 of 2020 (State Vs. Dilshad and others), arising out of Case Crime No. 386 of 2019, under Sections 420, 406, 467, 468, 471, 352, 506, 120-B IPC, Police Station Bhojpur, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 28.7.2023 Nadim

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Dilshad and 5 Others v. State of U.P. and Another

Case brief

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Dilshad and 5 Others v. State of U.P. and Another

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