Quashed

Dil Hasan v. State of U.P. and Another

Allahabad HC31 May 2023A482/3331/2017

Case brief

AI extract

What is this about?

The Allahabad High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings instituted under various sections of the IPC. The court held that since the parties had amicably settled the dispute before the trial court due to the compromisable nature of the offence, the entire proceedings were quashed.

What did the court decide?

The entire proceedings of Complaint Case No. 763 of 2014 under Sections 452, 323, 427, 504, 506 IPC were quashed.

Dil Hasan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:122342

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 3331 of 2017 Applicant :- Dil Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.,Azad Khan

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Hon'ble Shekhar Kumar Yadav,J.

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

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The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceeding of Complaint Case No. 763 of 2014, under Sections 452, 323, 427, 504, 506 IPC, P.S. Naugawan Sadat, District Amroha on the basis of the compromise entered into between the parties.

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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 and the same has been verified by the court below vide order dated 25.2.2017 annexed as Annexure No. SA-1 to the supplementary affidavit.

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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 25.02.2017, kept on record of this case.

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In the present case, the sections involved are Sections 452, 323, 427, 504, 506 IPC.

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

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

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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

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(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 Complaint Case No. 763 of 2014, under Sections 452, 323, 427, 504, 506 IPC, P.S. Naugawan Sadat, District Amroha are hereby quashed.

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Accordingly, the instant petition is allowed.

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Order Date :- 31.5.2023 RavindraKSingh

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

Dil Hasan v. State of U.P. and Another

Case brief

What is this about?

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Dil Hasan v. State of U.P. and Another

Case brief

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