Allowed

Rakesh Kumar and 3 Others v. State of U.P. and Another

Allahabad HC17 Apr 2023A482/9804/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to quash criminal proceedings under Section 394 IPC. The court held that the allegations were not heinous and the parties sought to withdraw prosecution via a compromise, making the continuation of trial an abuse of process.

What did the court decide?

The proceedings of S.S.T. No. 01 of 2003, Ram Babu vs. Rakesh Kumar and others under Section 394 IPC were quashed.

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

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 9804 of 2023

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Applicant :- Rakesh Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Kumar Pandey Counsel for Opposite Party :- G.A.,Krishna Kumar Pandey

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Hon'ble J.J. Munir,J.

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This application has been filed seeking to quash the proceedings of S.S.T. No. 01 of 2003, Ram Babu vs. Rakesh Kumar and others, under Section 394 IPC, P.S. Ghatampur, District Kanpur Nagar, pending in the Court of the Special Judge (Dacoity Affected Area), Kanpur Nagar.

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The prayer for quashing of the proceedings that has been made on the foot of a compromise between parties. The terms of the compromise is carried in the document, a xerox copy of which is annexed as Annexure No. 4 to the affidavit filed in support of the application. The crux of the compromise is that the parties do not want to pursue proceedings in S.S.T No. 01 of 2003, Ram Babu vs. Rakesh Kumar and others, and, the complainant wants to withdraw from the said prosecution. The compromise also mentions that proceedings in this Court brought for the purpose of giving effect to the intent of parties not to litigate any further. An application being Application under Section 482 No. 29535 of 2022 was filed earlier, which was disposed of vide order dated 04.11.2022, directing parties to appear before the Trial Court on 01.12.2022 along with a copy of the original compromise and the Trial Court was directed to verify the compromise in the presence of the learned Counsel after due identification of parties.

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In the present application, the prayer to quash the proceedings on the foot of compromise has been renewed. There is an order dated 10.02.2023 passed by the Judicial Magistrate (Dacoity Affected Area), verifying the compromise between parties. The allegations in the complaint case giving rise to S.S.T. No. 1 of 2003 is that the applicant nos. 1, 2 and 3 in concert had beat up the complainant-opposite party and robbed him of Rs. 6500/kept in his pocket to buy a buffalo.

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Learned AGA, upon being asked to answer whether the State has any objection, says that the nature of the dispute is such that it does not have much ramifications in society and the Court may pass such orders, as may be deemed proper.

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This Court has perused the record. The allegations giving rise to the offences charged are not heinous in nature.

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Looking to the contents of the memorandum of compromise, it is evident that the parties have agreed not to prosecute the matter further.

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Considering the aforesaid facts and circumstances, no useful purpose would be served by permitting this prosecution to continue, which would be an abuse of process of Court and wastage of public time and money.

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In the result, this application succeeds and allowed. The proceedings of S.S.T. No. 01 of 2003, Ram Babu vs. Rakesh Kumar and others, under Section 394 IPC, P.S. Ghatampur, District Kanpur Nagar, pending in the Court of the Special Judge (Dacoity Affected Areas), Kanpur Nagar are, hereby, quashed.

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Let this order be communicated to the Special Judge (Dacoity Affected Areas), Kanpur Nagar through the learned Sessions Judge, Kanpur Nagar by the Office within a week.

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Order Date :- 17.4.2023 Deepak

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

Rakesh Kumar and 3 Others v. State of U.P. and Another

Case brief

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Rakesh Kumar and 3 Others v. State of U.P. and Another

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