Allowed

Nanhe @ Dharmendra v. State of U.P. and Another

Allahabad HC22 Feb 2023A482/3529/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under S. 482 Cr.P.C. to quash criminal proceedings arising from an alleged offence of criminal intimidation. Quashing was based on an out-of-court compromise and settlement reached between the applicant and the private party, with no opposition from the complainant.

What did the court decide?

Proceedings of Criminal Case No. 5442 of 2021 and further proceedings therein are quashed.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3529 of 2023

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Applicant :- Nanhe @ Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.,Vijay Bahadur Shivhare

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant, Sri Vijay Bahadur Shivhare, learned counsel for the opposite party no. 2, Ms. Arti Agarwal, learned counsel for the State and perused the records.

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Sri Vijay Bahadur Shivhare states that he has filed his vakalatnama on behalf of the opposite party no. 2 in the office on 31.1.2023. The same is not on record. Office to restore it in the file and make a note about it in the order sheet.

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The present application under Section 482 Cr.P.C. has been filed by the applicant Nanhe @ Dharmendra with the prayer to quash the entire criminal proceedings in Criminal Case No. 5442 of 2021, State vs. Nanhe@Dharmendra, arising out of Case Crime No.124 of 2020, under Section 308, 323, 504 I.P.C., P.S.Indergarh, District Kannauj, pending in the court of A.C.J.M., Kannauj, and with the further prayer to stay the further criminal proceedings of the aforesaid case.

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Learned counsel for the applicant argued that it is common ground between the parties that the parties have settled the dispute amicably out of court, to which learned counsel for the opposite party no. 2 has not disputed the same. Learned counsel for the applicant has placed annexure no. 5 to the affidavit in support of this application, which is copy of compromise dated 4.1.2023. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicant and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

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Learned counsel for the opposite party no. 2 could not dispute the said arguments and states that he has no objection if the impugned

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proceeding pending against the applicant is quashed.

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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 64 1 has held that the cases in which the parties have settled their grievances can be quashed.

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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.

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The present application is allowed.

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The proceedings of the aforesaid case is hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 22.2.2023

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Naresh

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

Nanhe @ Dharmendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nanhe @ Dharmendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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