Allowed

Ashok and 4 Others v. State of U.P. and 2 Others

Allahabad HC10 Oct 2023CRLP/11705/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought to quash an FIR involving IPC and POCSO charges. The court observed a settlement agreement had been executed and disputes resolved. Relying on settled legal principles regarding compromise in such cases, the court quashed the impugned First Information Report.

What did the court decide?

The impugned First Information Report dated 27.4.2023 registered as Case Crime No. 271 of 2023 under specified IPC and POCSO sections is quashed.

Ashok and 4 Others Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:194436-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11705 of 2023

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Petitioner :- Ashok And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

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Heard Sri Prateek Srivastava, learned counsel for the petitioners, Sri Vidhu Bhushan Shukla, learned counsel appearing for the informant and learned A.G.A. appearing for the State respondents.

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This writ petition has been filed praying to quash the impugned First Information Report dated 27.4.2023 registered as Case Crime No. 271 of 2023, under Sections 147, 504, 452, 323, 354-B IPC and Section 7/8 of POCSO Act, P.S. Gajraula, District Amraula.

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Vide order dated 3.10.2023 the matter was referred to the mediation centre.

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Perused the office report dated 26.4.2023 and the settlement agreement dated 5.9.2023 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 5.9.2023. The paragraph 6 is quoted as under:-

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"6. The following settlement has been arrived at between the parties hereto:-

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a) That both the parties have already settled their dispute and in this regard they have produced a 'Samjhautanama' dated 03.08.2023 before the Centre. The parties stated that all the terms and conditions mentioned in the aforesaid Samjhautanama have been fulfilled. The parties further reiterate and reaffirm all the terms and conditions of the aforesaid Samjhautanama and the same shall be a part of this settlement also. The photocopy of the aforesaid Samjhautanama is being annexed herewith for kind perusal of this Hon'ble Court. The parties also states that the aforesaid 'Samjhautanama' dated 3.08.2023 has already been submitted before this Hon'ble Court.

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b) That it has also been agreed between the parties that all the cases filed by them against each other regarding present dispute shall be withdrawn by the

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parties concerned by taking appropriate steps before the Court/authority concerned.

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c) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also.

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f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."

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It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 27.4.2023 registered as Case Crime No. 271 of 2023, under Sections 147, 504, 452, 323, 354-B IPC and Section 7/8 of POCSO Act, P.S. Gajraula, District Amraula is liable to be quashed.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab) and in view of the settlement agreement dated 11.4.2023, the impugned First Information Report dated 27.4.2023 registered as Case Crime No. 271 of 2023, under Sections 147, 504, 452, 323, 354-B IPC and Section 7/8 of POCSO Act, P.S. Gajraula, District Amraula is hereby quashed.

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The present petition is, accordingly, allowed.

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Order Date :- 10.10.2023 Lalit Shukla

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Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad

Ashok and 4 Others v. State of U.P. and 2 Others

Case brief

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Ashok and 4 Others v. State of U.P. and 2 Others

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