Allowed

Paras Nath Sharma and 6 Others v. State of U.P. and 3 Others

Allahabad HC11 Oct 2023CRLP/13026/2023

Case brief

AI extract

What is this about?

This court quashed two connected criminal miscellaneous writ petitions filed for the quashing of First Information Reports registered under Sections 147, 148, 307, 323, 504, 506 IPC. The quashing was based on a valid settlement agreement dated 10.10.2023达成于调解中心，after which the matter was referred for mediation.

What did the court decide?

The impugned First Information Reports dated 20.6.2023 and 24.6.2023 in Crime No. 357 of 2023 and Crime No. 356 of 2023 were quashed.

Paras Nath Sharma and 6 Others Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195781-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 13026 of 2023

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Petitioner :- Paras Nath Sharma And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- G.A.

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Connected with

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Case :- CRIMINAL MISC. WRIT PETITION No. - 13258 of 2023

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Petitioner :- Amar Nath Sharma And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maheep Singh 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 Maheep Singh, learned counsel for the petitioner in the connected matter and Sri G.P. Singh, learned A.G.A. appearing for the State respondents.

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Leading petition being Criminal Misc. Writ Petition No. 13026 of 2023 has been filed for quashing the impugned First Information Report dated 20.6.2023 registered as Case Crime No. 357 of 2023 under Sections 147, 148, 307, 323, 504, 506 IPC, P.S. Beriya, District Ballia with a further prayer not to arrest the petitioners in pursuance of the impugned F.I.R.

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Connected Criminal Misc. Writ Petition No. 13258 of 2023 has been filed for quashing the impugned First Information Report dated 24.6.2023 registered as Case Crime No. 356 of 2023 under Sections 147, 148, 307, 323, 504, 506 IPC, P.S. Beriya, District Ballia with a further prayer not to arrest the petitioners in pursuance of the impugned F.I.R.

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Vide order dated 21.9.2023 the matter was referred to the mediation centre.

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Perused the office report dated 10.10.2023 and the settlement agreement dated 10.10.2023 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 10.10.2023. 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 the Criminal Misc. Writ Petition No. 13026 of 2023 Paraas Nath Sharma and 6 others vs. State of U.P. and 3 others, connected with Criminal Misc. Writ Petition No. 13258/2023 Amar Nath Sharma and 9 others vs. State of U.P. and others).

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b) That in Criminal Misc. Writ Petition No. 13026/2023, Paras Nath Sharma and 6 others vs. State of U.P. and 3 others, this Hon'ble Court on 21.09.2023 has been pleased to remit the aforesaid writ petition to the Mediation Centre for Mediation with the direction to make all possible effort to conclude the Mediation and Conciliation proceedings.

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c) That Hon'ble Court has been pleased to pass an order that the writ petition being Criminal Misc. Writ Petition No. 13258/2023, the writ petition has been connected with Writ Petition No. 13026/2023.

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d) That the seven petitioners in Writ Petition No. 13026/2023 and ten petitioners in Writ Petition No. 13258/2023 are present.

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e) That it is mentioned here that in Writ Petition No. 13026/2023 Paras Nath Sharma and 6 others vs. State of U.P. and 3 others, Respondent No. 4, Sri Prem Nath Sharma is the Complainant/Informant in this case and since he is in jail, as such, he is not present, instead his consent letter sent by him through his son, namely, Abhishek Sharma and same has been identified by Mr. Maheep Singh, Counsel for Prem Nath Sharma. The aforesaid consent letter is being annexed herewith for kind perusal of the Hon'ble Court and the same is part of this settlement also.

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f) That it has also been agreed between the parties that in view of the above, all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

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g) 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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h) 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 20.6.2023 registered as Case Crime No. 357 of 2023

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under Sections 147, 148, 307, 323, 504, 506 IPC, P.S. Beriya, District Ballia and First Information Report dated 24.6.2023 registered as Case Crime No. 356 of 2023 under Sections 147, 148, 307, 323, 504, 506 IPC, P.S. Beriya, District Ballia are 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 10.10.2023, the impugned First Information Report dated 20.6.2023 registered as Case Crime No. 357 of 2023 under Sections 147, 148, 307, 323, 504, 506 IPC, P.S. Beriya, District Ballia and First Information Report dated 24.6.2023 registered as Case Crime No. 356 of 2023 under Sections 147, 148, 307, 323, 504, 506 IPC, P.S. Beriya, District Ballia are hereby quashed.

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Both petitions stand, accordingly, allowed.

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Order Date :- 11.10.2023 Lalit Shukla

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

Paras Nath Sharma and 6 Others v. State of U.P. and 3 Others

Case brief

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Paras Nath Sharma and 6 Others v. State of U.P. and 3 Others

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