Allowed

Badan Singh and 3 Others v. State of U.P. and Another

Allahabad HC12 Apr 2023A482/3381/2022

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of an FIR and proceedings based on a verified compromise. The court held that no useful purpose would be served by prolonging proceedings as the dispute was settled and allowed the application.

What did the court decide?

Proceedings of charge-sheet No. 17 of 2021 and entire proceedings of Case No. 179 of 2021 arising out of Crime No. 9 of 2021 are quashed.

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

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 3381 of 2022

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Applicant :- Badan Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants, the learned Additional Government Advocate for the State as well as perused the materials on record.

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This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet No. 17 of 2021 dated 09.02.2021 as well as entire proceedings of Case Crime No. 9 of 2021, under Sections 308, 323, 504 I.P.C., Police Station Usrahar, District Etawah, pending before Additional Chief Judicial (J.D.) Ist/ Judicial Magistrate, Etawah, on the basis of compromise entered between the parties.

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A Coordinate Bench of this Court passed order on 11the February, 2022 directing the parties to appear before the court below along with copy of the compromise for its verification and the court below inturn was directed to verify the same in the presence of both the parties.

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Learned counsel for the applicants submits that in compliance of the order of this Court dated 11the February, 2022, the court below has verified the said compromise vide order dated16th March, 2023, copies of the compromise deed and verification order have been brought on record.

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Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.

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Learned A.G.A. for the State has also not denied the aforesaid facts and submits that he has no objection, if the proceedings in the aforesaid case are quashed.

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This Court is not unmindful of the following judgements of the Apex Court:

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B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675 ,

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Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677 ,

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Manoj Sharma Vs. State and Others; (2008) 16 SCC 1 ,

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Gian Singh Vs. State of Punjab; (2012); 10 SCC 303 ,

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Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466 ,

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In the aforesaid judgments, the 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. & 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 complaint case as the parties have already settled their dispute.

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Accordingly, the proceedings of charge-sheet No. 17 of 2021 dated 09.02.2021 as well as entire proceedings of Case No. 179 of 2021 (State Vs. Badan Singh), arising out of Case Crime No. 9 of 2021, under Sections 308, 323, 504 I.P.C., Police Station Usrahar, District Etawah, pending before Additional Chief Judicial Magistrate, Court No.4, Etawah, are hereby quashed.

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The application is, accordingly, allowed. There shall be no order as to costs.

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Order Date :- 12.4.2023 Abhishek Singh

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

Badan Singh and 3 Others v. State of U.P. and Another

Case brief

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Badan Singh and 3 Others v. State of U.P. and Another

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