Allowed

Ram Pratap Mishra and Another v. State of U.P. and 3 Others

Allahabad HC30 Jan 2023CRLP/19935/2022

Case brief

AI extract

What is this about?

The Court allowed a quashing petition under Article 226 of the Constitution to quash an FIR registered under Sections 419, 420, 467, 468, 471, and 406 IPC. Quashing was based on a settlement agreement indicating that the dispute was peacefully resolved between the parties and no legal actions would be filed in the future.

What did the court decide?

The First Information Report dated 28.02.2022 registered as Case Crime No. 0058 of 2022 is hereby quashed, and no coercive measures shall be adopted.

Ram Pratap Mishra and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2023)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 19935 of 2022

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Petitioner :- Ram Pratap Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamla Singh,Vijay Shanker Singh Counsel for Respondent :- G.A.,Vinay Kumar Singh

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Hon'ble Vivek Kumar Birla,J. Hon'ble Saurabh Srivastava,J.

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Heard Miss Kamla Singh, learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Sri Vinay Kumar Singh, learned counsel appearing for the respondent no. 4.

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This writ petition has been filed praying to quash the impugned First Information Report dated 28.02.2022 registered as Case Crime No. 0058 of 2022 under Sections 419, 420, 467, 468, 471, 406 IPC, P.S. Lalpur/Pandeypur, District Varanasi on the basis of compromise deed dated 10.11.2022 and not to adopt coercive measures against the petitioners pursuant to the said F.I.R..

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Vide order dated 13.01.2023 the matter was referred to the Mediation Centre.

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Perused the office report dated 28.01.2023 and the settlement agreement dated 27.01.2023 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 7 of the settlement agreement dated 27.01.2023. The paragraph 7 is quoted as under:-

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

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a) That the parties have already settled their dispute and entered into an 'Aapsi Samjhauta' dated 10.11.2022. The parties have stated that the aforesaid Aapsi Samjhauta has already been produced before the Hon'ble Court and a copy of the same is annexed herewith for kind perusal of the Hon'ble Court.

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b) That the parties reiterate and reaffirm the terms and conditions of the aforesaid Samjhauta dated 10.11.2022.

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c) That if the Hon'ble Court pleases to allow the present Criminal Misc. Writ Petition No. 19935 of 2022, the Respondent no. 4 shall have no objection in any manner whatsoever.

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d) That is has been agreed between the parties that the 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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e) That it has also been agreed between the parties that they will not file any case/complaint against each other regarding the present dispute 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-agreement, 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 28.02.2022 registered as Case Crime No. 58 of 2022 under Sections 419, 420, 467, 468, 471, 406 IPC, P.S. Lalpur/Pandeypur, District Varanasi 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 27.01.2023, the First Information Report dated 28.02.2022 registered as Case Crime No. 58 of 2022 under Sections 419, 420, 467, 468, 471, 406 IPC, P.S. Lalpur/Pandeypur, District Varanasi is hereby quashed.

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The present petition is, accordingly, allowed .

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Order Date :- 30.1.2023 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad

Ram Pratap Mishra and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Pratap Mishra and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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