Allowed

Sandeep Kumar Mishra and 6 Others v. State of U.P and Another

Allahabad HC15 Feb 2023A482/38749/2022

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 CrPC to quash criminal proceedings based on a verified compromise deed. The court noted the parties settled amicably and relied on Supreme Court precedents to grant the petition.

What did the court decide?

Quashing of criminal case proceedings arising out of Case Crime No. 0163 of 2020 pending in Court of Civil Judge (J.D.)/F.T.C., Bhadohi.

Sandeep Kumar Mishra and 6 Others Vs State of U.P and… — Domestic Violence | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 38749 of 2022

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Applicant :- Sandeep Kumar Mishra And 6 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Dharmendra Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Supplementary affidavit filed on behalf of the applicants today in the Court, the same is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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Learned counsel for the appellants submits that 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. Thereafter, this Court, vide order 20.01.2023, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

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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 08.02.2023, copy of the same is annexed as Annexure No. 1 to the supplementary affidavit.

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In the present case, the sections involved are Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act.

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In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 08.02.2023 to the extent that the parties and contents

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of the compromise deed are genuine and they have entered into the compromise by free-will.

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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 (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 Criminal Case No. 2671 of 2021 (State Vs. Sandeep Kumar Mishra and others) arising out of Case Crime No. 0163 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Bhadohi, District Bhadohi, pending in the Court of Civil Judge (J.D.)/F.T.C. (Women Violence), Bhadohi, Gyanpur are hereby quashed.

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Accordingly, the instant petition is allowed .

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Order Date :- 15.2.2023 Krishna*

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

Sandeep Kumar Mishra and 6 Others v. State of U.P and Another

Case brief

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Sandeep Kumar Mishra and 6 Others v. State of U.P and Another

Case brief

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