Allowed

Prempal Singh and 7 Others v. State of U.P. and Another

Allahabad HC12 May 2023A482/40899/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings under Sections 406, 420, 467, 468, 471 IPC. The court relied on the principle that criminal proceedings may be quashed if there is an amicable settlement supported by a verified compromise deed and the parties have no interest in pursuing the case.

What did the court decide?

Quashing of entire criminal proceedings under Sections 406, 420, 467, 468, 471 IPC and charge-sheet dated 16.10.2018.

Prempal Singh and 7 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:103633

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 40899 of 2022

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Applicant :- Prempal Singh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Sisodia Counsel for Opposite Party :- G.A.,Dhirendra Srivastava

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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 learned counsel for opposite party no. 2 as well as perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Case Crime No. 746 of 201, (State vs. Prempal Singh and others) under Sections 406, 420, 467, 468, 471 IPC, Police Station Masoorie, District Ghaziabad as well as charge-sheet dated 16.10.2018, pending before Civil Judge (Junior Division)/Fast Track Court Ghaziabad.

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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 13.01.2023, 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 27.01.2023, kept on record of this case.

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In the present case, the sections involved are Sections 406, 420, 467,

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468, 471 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 03.02.2023 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. 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 Crime No. 746 of 201, (State vs. Prempal Singh and others) under Sections 406, 420, 467, 468, 471 IPC, Police Station Masoorie, District Ghaziabad as well as charge-sheet dated 16.10.2018, pending before Civil Judge (Junior Division)/Fast Track Court Ghaziabad are hereby quashed.

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Accordingly, the instant application is allowed.

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Order Date :- 12.5.2023 Krishna*

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

Prempal Singh and 7 Others v. State of U.P. and Another

Case brief

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Prempal Singh and 7 Others v. State of U.P. and Another

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