Allowed

Umesh and Another v. State of U.P. and Another

Allahabad HC24 Aug 2023A482/26781/2023

Case brief

AI extract

What is this about?

Single judge quashed criminal proceedings under Section 482 Cr.P.C. due to a genuine settlement between neighbouring applicants and the opposite party, upholding Apex Court precedents allowing compromise in cognizable offences.

What did the court decide?

Quashing of entire criminal proceedings of Criminal Case No. 8681 of 2019.

Umesh and Another Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:170777

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 26781 of 2023

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Applicant :- Umesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Braham Singh Counsel for Opposite Party :- G.A.,Sushil Kumar Tewari

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Hon'ble Rajiv Gupta,J.

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Short counter affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.

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

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Criminal Case No. 8681 of 2019 arising out of Case Crime No. 915 of 2018, under Sections 452, 323, 324, 504, 506, 427 IPC, P.S. Katghar, District-Moradabad, pending in the court of Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 2, Moradabad.

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Learned counsel for the applicants has submitted that applicants and opposite party No. 2 are next door neighbours and account of sudden quarrel, the present criminal case was instituted against the applicants, however with the intervention of respected members of both the family and society, parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other. He has next submitted that even as per the supplementary injury report, the doctor has noted the injuries to be simple in nature.

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Learned counsel for the applicants has next drawn the attention of the Court to a compromise application dated 20.6.2023 drawn between the parties, a copy of which has been annexed as Annexure No. 3 to this application.

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Learned counsel for the applicants has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

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Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of the opposite party No. 2 and in paragraph-4 of the said affidavit, the said compromise made between the parties has been acknowledged. He has next submitted that for the sake of peace and tranquillity between the parties and for giving quietus to the entire incident, the entire proceedings be quashed.

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Learned AGA could not dispute the aforesaid facts.

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This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (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 the law expounded by the 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 the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the entire proceedings of Criminal Case No. 8681 of 2019 arising out of Case Crime No. 915 of 2018, under Sections 452, 323, 324, 504, 506, 427 IPC, P.S. Katghar, DistrictMoradabad, pending in the court of Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 2, Moradabad, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 24.8.2023 KU

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Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad

Umesh and Another v. State of U.P. and Another

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Umesh and Another v. State of U.P. and Another

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