Allowed

Munish @ Maical Soni and Another v. State of U.P. and Another

Allahabad HC27 Apr 2023A482/7950/2023

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings where the applicants and the State reached a compromise. The trial court verified the settlement deed, leading the High Court to intervene and terminate the case.

What did the court decide?

The entire criminal proceedings in the case were quashed.

Munish @ Maical Soni and Another Vs State… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 7950 of 2023

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Applicant :- Munish @ Maical Soni And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yatharth Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Yatharth Srivastava, learned counsel for the applicants, Sri Ankit Srivastava, learned AGA for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Munish @ Maical Soni and Mukesh Soni with the prayer to allow this application under 482 Cr.P.C. and quash the entire proceeding on the basis of compromise and set-aside the impugned order dated 10.12.2019 as well as order dated 14.11.2022 passed by CJM Mirzapur in Case No.10024 of 2019 (State Vs. Manni Sardar and others) u/s 323, 336, 452, 504, 506 IPC, P.S. Kotwali Katra, District Mirzapur and to stay the effect and operation of aforesaid orders passed in the aforesaid case.

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Supplementary affidavit filed today in Court by learned counsel for the applicants is taken on record.

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As per office report dated 26.4.2023, in compliance of this Court's order dated 3.3.2023, compliance report of court concerned is on record.

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Learned counsel for the applicants has submitted that as the dispute between the parties was compromised, this court directed the applicant (s) to file the compromise deed before the trial court concerned which was to be verified by the court concerned and to send its report to this Court by the next date. In pursuance of the said order, the applicants appeared before the trial court and filed the compromise deed. It is argued that the court concerned vide order dated 21.3.2023 verified the said compromise, copy of the same is on record, as such the proceedings against the applicant may be quashed.

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Learned counsel for the State admitted the fact of compromise and stated that he has no objection if the proceeding of the

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aforesaid case is quashed against the applicant (s).

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From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably, the said compromise has been also been verified by the trial court.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

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The entire proceedings of the aforesaid case are hereby quashed.

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The present application is allowed.

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(Samit Gopal, J.)

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Order Date :- 27.4.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Munish @ Maical Soni and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Munish @ Maical Soni and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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