Allowed

Sachin Arora and 2 Others v. State of U.P. and Another

Allahabad HC22 May 2023A482/6609/2023

Case brief

AI extract

What is this about?

Single judge allowed an application to quash criminal proceedings under Sections 420 and 406 IPC. The court observed that the parties had settled their dispute amicably and filed a verified compromise deed. Relying on several Supreme Court decisions, the court quashed the entire proceeding and the summons order.

What did the court decide?

Quashed the entire proceeding of Case No. 74 of 2020 and the summoning order dated 1.1.2020.

Sachin Arora and 2 Others Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:111973

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 6609 of 2023

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Applicant :- Sachin Arora And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mohan Tripathi Counsel for Opposite Party :- G.A.,Ashish Mishra

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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, learned counsel for opposite party no.2 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. 74 of 2020 (State Vs Sachin Arora and others), under Sections 420, 406 IPC, P.S.Civil Lines, District Rampur arising out of Case Crime No. 620 of 2019, as well as the summoning order dated 1.1.2020 on the basis of the compromise entered into between the parties.

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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 15.03.2023, 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 and the same has been verified by the trial Court, vide order dated 10.04.2023, kept on record of this case.

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In the present case, the sections involved are Sections 420, 406 IPC.

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In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed 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 No. 74 of 2020 (State Vs Sachin Arora and others), arising out of Case Crime No. 620 of 2019, under Sections 420, 406 IPC, P.S.Civil Lines, District Rampur are hereby quashed.

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Accordingly, the instant petition is allowed.

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Order Date :- 22.5.2023 RavindraKSingh

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

Sachin Arora and 2 Others v. State of U.P. and Another

Case brief

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Sachin Arora and 2 Others v. State of U.P. and Another

Case brief

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