Allowed

Rais and 3 Others v. State of U.P. and Another

Allahabad HC22 Sept 2023A482/31994/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 CrPC to quash criminal proceedings. The court found that the applicants and the complainant had amicably settled all disputes via an agreement dated 10.08.2023, warranting the quashing of the case to maintain cordial relations.

What did the court decide?

The entire proceedings of Criminal Case No. 09 of 2022 arising from Case Crime No. 410 of 2020 are quashed.

Rais and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184000

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 31994 of 2023

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Applicant :- Rais And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naim Siddiqui,Prem Shankar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Shri Avaneendra Kumar Gautam, Advocate has filed his vakalatnama along with short counter affidavit on behalf of opposite party no.2 today in Court, which is taken on record.

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

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Learned counsel for the applicants has submitted that opposite party no.2 is the sister-in-law of applicant no.1 and applicant nos. 2, 3 & 4 are his sons and on account of misunderstanding and misgivings, the present criminal case was instituted against the applicants by the opposite party no.2, 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 further drawn the attention of the Court to the settlement agreement dated 10.08.2023 drawn between the parties, a copy of which has been annexed as Annexure 4 to this application.

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

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Learned counsel for the opposite party no.2 has also appeared and has filed short counter affidavit and in para 3 of the said affidavit, settlement agreement has been acknowledged. Further in para 8, it has been stated that opposite party no.2 does not want to further pursue the case against the applicants and she has no objection, if the entire

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proceedings are quashed.

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Learned AGA could not dispute the aforesaid facts.

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This Court is not unmindful of the judgements of the 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. 09 of 2022 (State Vs. Rais and Others), arising out of Case Crime No. 410 of 2020, under Sections 452, 323, 427 IPC, Police Station Colonelganj, District Prayagraj, pending in the court of Special Chief Judicial Magistrate, Allahabad, are hereby quashed.

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This application under Section 482 CrPC is accordingly allowed.

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Order Date :- 22.9.2023 Nadim

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

Rais and 3 Others v. State of U.P. and Another

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Rais and 3 Others v. State of U.P. and Another

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