Allowed

Abhishek Kumar Pandey v. State of U.P. and Another

Allahabad HC8 Feb 2023A482/3083/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court held that the criminal proceedings instituted against the applicant for cheating and criminal intimidation could be quashed on the strength of a compromise verified between the parties, relying on Supreme Court precedents. The entire proceedings were quashed.

What did the court decide?

The entire proceedings of Case No. 23890 of 2020 are hereby quashed.

Abhishek Kumar Pandey Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

¶1

Court No. - 69

¶2

Case :- APPLICATION U/S 482 No. - 3083 of 2023

¶3

Applicant :- Abhishek Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Samit Gopal,J.

¶5

List revised.

¶6

Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicant, Sri Ravindra Prakash Srivastava, learned counsel for the opposite party no. 2, who has filed his vakalatnama today in Court which is taken on record, Sri Sai Girdhar, learned brief holder for the State and perused the record.

¶7

The present application under Section 482 Cr.P.C. has been filed by the applicant Abhishek Kumar Pandey with the prayer to allow this application and quash the entire proceeding of the Case No. 23890 of 2020 (State of U.P. Vs. Abhishek Kumar Pandey), under Sections 420, 504, 506 IPC, P.S. Munderwa, District Basti arising out of Case Crime No. 56 of 2019, pending in the court of Additional Chief Judicial Magistrate-I, Basti.

¶8

Learned counsel for the applicant states that vide order dated 08.07.2022 an passed by a co-ordinate Bench of this Court in Crl. Misc. Application 482 No. 10073 of 2022 (Abhishek Kumar Pandey Vs. State of U.P. and another) copy of which is annexed as annexure 7 to the affidavit the compromise between the parties was directed to be verified by the court concerned. The said compromise has been verified on 3.11.2022, copy of which is annexed as annexure 6 to the affidavit.

¶9

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can

¶10

be quashed.

¶11

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings as prayed for by the applicant.

¶12

The present application is allowed.

¶13

The entire proceedings of the aforesaid case is hereby quashed. Order Date :- 8.2.2023 M. ARIF

¶14

(Samit Gopal, J.)

¶15

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Abhishek Kumar Pandey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abhishek Kumar Pandey 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

Parties & counsel

Coram

Case details

Similar cases

Amit Misra Vs State of U.P. and Another

Devendra Kumar Vs State of U.P. and Another

Aftab Ahmad Vs State of U.P. and Another

State of U.P. Vs Ashok Kumar

Md. Kamran Vs State of U.P. . and Another

Birendra Pandey and Another Vs State of U.P. and Another