Allowed

Yasir Ali and 3 Others v. State of U.P. and Another

Allahabad HC21 Apr 2023A482/8659/2023

Case brief

AI extract

What is this about?

The Apex Court authorized quashing of criminal proceedings upon the filing of a verified compromise deed between the parties. The trial court verified the settlement, and opposing parties had no objection.

What did the court decide?

The entire proceedings of Case No. 250 of 2022 arising out of Case Crime No. 97 of 2021 and the cognizance/summoning order dated 18.2.2022 are quashed.

Yasir Ali and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8659 of 2023

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Applicant :- Yasir Ali And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta 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 A.K. Gupta, learned counsel for the applicants, Sri S.B. Maurya, 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 Yasir Ali, Danish Ali, Rukhsana and Wajid Ali with the prayer to allow this application under 482 Cr.P.C. and quash the entire proceeding of Case No. 250 of 2022 (State Vs. Yasir and others) arising out of Case Crime No. 97 of 2021, under Sections 498-A, 323, 504, 506 IPC and 3/4 D/.P. Act, P.S. Mahila Thana, District Sambhal, pending in the court of Civil Judge (Junior Division)/FTC, Sambhal at Chandausi as well as cognizance/summoning order dated 18.2.2022 passed by Civil Judge (J.D.)/FTC, Sambhal at Chandausi.

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As per office report dated 20.4.2023, in compliance of this Court's order dated 16.3.2023, 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 31.3.2023 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 opposite party no.2 as well as learned counsel for the State admitted the fact of compromise and stated that they have no objection if the proceeding of the 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 :- 21.4.2023 Gaurav

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

Yasir Ali and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Yasir Ali and 3 Others v. State of U.P. and Another

Case brief

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