Allowed

Om Prakash Modi and 5 Others v. State of U.P and Another

Allahabad HC9 Feb 2023A482/40846/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to quash criminal proceedings arising from Case No. 189 of 2021 in Jhansi. Relying on Supreme Court precedents regarding settlement in certain cognizable offenses, the court held that no useful purpose would be served by prolonging the proceedings following a compromise deed dated 22.12.2022.

What did the court decide?

Criminal proceedings arising out of Case Crime No. 415 of 2019 pending before Judicial Magistrate Jhansi are quashed.

Om Prakash Modi and 5 Others Vs State of U.P and Another — Allahabad HC (2023) — LawSathi Research

¶1

Court No. - 72

¶2

Case :- APPLICATION U/S 482 No. - 40846 of 2022

¶3

Applicant :- Om Prakash Modi And 5 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Aushim Luthra Counsel for Opposite Party :- G.A.,Gaurav Tripathi

¶4

Hon'ble Umesh Chandra Sharma, J.

¶5

Heard Sri Abhish Jaiswal, Advocate, holding of Sri Aushim Luthra, learned counsel for the applicants, Sri Tushar Krishanai, holding brief of Sri Gaurav Tripathi, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

¶6

This application has been moved with the prayer to quash the entire proceedings of Case No. 189 of 2021 (arising out of Case Crime No. 415 of 2019), under Sections 420, 120-B, 467, 468, 471 I.P.C, Police Station Mauranipur, District Jhansi, pending in the Court of Judicial Magistrate / Civil Judge (JD) Mauranipur, District Jhansi and orders dated 04.02.2021 and 13.10.2022 passed by Judicial Magistrate / Civil Judge (JD), Mauranipur, District Jhansi, on the basis of compromise-deed dated 22.12.2022.

¶7

Learned counsel for the applicants has filed second supplementary affidavit annexing the certified copy of the verified compromise deed 22.12.2022. which is taken on record.

¶8

Learned counsel for the applicants and learned counsel for the opposite party no. 2 submits that parties settled the matter by way of compromise, copy of the report of verified compromise deed is filed today before the Court, hence proceeding and impugned order is liable to be quashed.

¶9

The attention of this Court has been drawn to the following judgements of the Apex Court:-

¶10

1. B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

¶11

2. Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶12

3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶13

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

¶14

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

¶15

In the aforesaid cases, 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. and another, 2013 (83) ACC 278 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶16

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 would be served by prolonging the proceedings of the above mentioned cases.

¶17

In view of the above, the proceedings of the aforesaid Case are hereby, quashed.

¶18

The application is, accordingly, allowed.

¶19

Order Date :- 9.2.2023 Vinod.

¶20

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

Om Prakash Modi and 5 Others v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Om Prakash Modi and 5 Others 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Smt. Rakhi Kumari and Another Vs State of U.P.

Rajendra Yadav Alias Rajendra Vs State of U.P. and Another

Makbool Vs State of U.P. and Another

Manoj Kumar Singh Vs State of U.P. and Another

Nityanand Srivastava Vs State of U.P. and Another

Rahat Vs State of U.P. and Another