Allowed

Nitya Nand and Another v. State of U.P. and Another

Allahabad HC19 Apr 2023A482/8499/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court of Judicature at Allahabad quashed criminal proceedings initiated against applicants based on a compromise deed mutually entered between the parties, relying on settled Supreme Court precedents regarding settlement of grievances.

What did the court decide?

The entire proceedings of the underlying criminal case, including the charge-sheet and cognizance order, were quashed.

Nitya Nand and Another Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8499 of 2023

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Applicant :- Nitya Nand And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Vashistha 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 Ajay Kumar Vashistha, learned counsel for the applicants and Sri. U.P. Singh, learned counsel for the State and perused the record.

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The present application under Section 482 Cr.P.C., has been filed by the applicants- Nitya Nand and Chhote Singh with the prayer to allow this application and quash the further proceeding of Case No. 2541 of 2019 (State vs. Nitya Nand and another) as well as charge-sheet dated 11.11.2018 & cognizance order dated 24.08.2019 arsing out of Case Crime No. 284 of 2018, under Sections 308, 323, 504 I.P.C., Police StationAmapur, District- Kasganj, pending in the Court of Judicial Magistrate, Kasganj on the basis of compromise deed dated 02.09.2022 entered between the parties with a further prayer that proceedings of the aforesaid case be stayed against the applicants.

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Learned counsel for the applicants has submitted that the applicants and the opposite party No.2 have compromised the dispute, copy of the same is annexed as annexure no.4 to the affidavit filed in support of present application. It is further argued that the said compromise has also been filed before the concerned trial court, as such the proceedings against the applicants may be quashed.

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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.

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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

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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 applicants.

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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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Order Date :- 19.4.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Nitya Nand and Another v. State of U.P. and Another

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Nitya Nand and Another v. State of U.P. and Another

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