Allowed

Moin Hassan Siddiqui v. State of U.P. and Another

Allahabad HC4 Dec 2023A482/39801/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from alleged cheating and forgery. The court ruled that since the dispute was amicably settled via a verified compromise, continuing the trial would be a waste of judicial time as conviction chances were bleak.

What did the court decide?

The entire proceedings of Criminal Case No. 3341 of 2018 titled State v. Moin Hasan Siddiqui are quashed.

Moin Hassan Siddiqui Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:229734

¶2

Court No. - 88

¶3

Case :- APPLICATION U/S 482 No. - 39801 of 2023

¶4

Applicant :- Moin Hassan Siddiqui Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Monis,Ejaz Ahmad Khan Counsel for Opposite Party :- G.A.,Mohd Javed Akhter

¶5

Hon'ble Vinod Diwakar,J.

¶6

Heard Mohd. Monis, learned counsel for the petitioner, Mohd. Javed Akhter, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the entire record including the compromise verification report of the court concerned.

¶7

This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 3341 of 2018 titled as State v. Moin Hasan Siddiqui arising out of Case Crime No. 101 of 2018, under Sections 406, 420, 467, 468, 471, 506 I.P.C., P.S. Husainganj, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Fatehpur on the basis of compromise.

¶8

It is submitted by learned counsel for the applicants that since parties had settled their dispute outside the court, therefore, they were directed to appear before the court concerned for verification of the compromise vide order dated 27.07.2023 passed by coordinate Bench of this Court in Application U/S 482 Cr.P.C. No. 27152 of 2023. In compliance thereof, parties appeared before the court below and got the compromise verified on 30.09.2023 by the court below. The certified copy of verification of compromise has been annexed as Annexure No. 5 to the application. It is further submitted that since parties have settled the dispute, and opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

¶9

Learned counsel for opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.

¶10

I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

¶11

Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak and thus no fruitful purpose would be served.

¶12

In view of the above, the application under Section 482 Cr.P.C. is allowed .

¶13

The entire proceedings of Criminal Case No. 3341 of 2018 titled as State v. Moin Hasan Siddiqui arising out of Case Crime No. 101 of 2018, under Sections 406, 420, 467, 468, 471, 506 I.P.C., P.S. Husainganj, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Fatehpur against the applicant, are hereby quashed.

¶14

Order Date :- 4.12.2023 Shafique

¶15

(Vinod Diwakar, J.)

¶16

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Moin Hassan Siddiqui v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Moin Hassan Siddiqui v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kalawati Devi and Another Vs State of U.P. and Another

Om Prakash Yadav Vs State of U.P. and 4 Others

Shiv Kumar Pandey @ Munna Pandey Vs State of U.P. and 2 Ors.

Mustafa Khan Vs State of U.P. and Another

Ramashray Rai and Another Vs State of U.P. and Another

Mohd. Raza and 2 Others Vs State of U.P. and Another