Allowed

Sarfuddin and Another v. State of U.P. and Another

Allahabad HC3 May 2023A482/40842/2022

Case brief

AI extract

What is this about?

The court allowed the application under Section 482 Cr.P.C. to quash criminal proceedings arising from breach of trust and criminal conspiracy, relying on a verified compromise deed executed between the parties and supported by settlement precedents. The trial court had verified the compromise's genuineness voluntarily.

What did the court decide?

The entire criminal proceeding, including the charge sheet and cognizance order, arising out of Crime No. 146 of 2012 was quashed.

Sarfuddin and Another Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 40842 of 2022 Applicant :- Sarfuddin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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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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The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of Case No. 3436 of 2012 arising out of Case Crime No. 146 of 2012, under Sections 406, 419, 420, 120-B IPC, P.S. Hata, District Kushi Nagar including the charge sheet and cognizance order on the basis of the compromise entered into between the parties.

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It is contended by learned counsel for the applicants that pursuant to the earlier order of this court dated 20.12.2022, both the parties amicably settled their dispute and filed compromise deed before the court below. Thereafter, this Court, vide order 20.12.2022, 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 applicants further submitted 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 05.01.2023, kept on record of this case.

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In the present case, the sections involved are Sections 406, 419, 420, 120-B IPC.

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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 05.01. 2023 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 (2012) 10 SCC 303; State of Rajasthan vs.

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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 Case No. Case No. 3436 of 2012 arising out of Case Crime No. 146 of 2012, under Sections 406, 419, 420, 120-B IPC, P.S. Hata, District Kushi Nagar are hereby quashed.

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Accordingly, the instant petition is allowed.

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Order Date :- 3.5.2023/RavindraKSingh

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

Sarfuddin and Another v. State of U.P. and Another

Case brief

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Sarfuddin and Another v. State of U.P. and Another

Case brief

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