Allowed

Prem Shanker and 10 Others v. State of U.P. and 2 Others

Allahabad HC9 Oct 2023CRLP/5566/2023

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petitions seeking quashing of two FIRs registered under various IPC sections and POCSO/SC/ST Act upon private settlements. The court allowed the petitions based on a documented amendment agreement reached via the mediation centre, holding that the impugned FIRs should be quashed.

What did the court decide?

Quashing of the impugned First Information Reports dated 08.03.2023 registered as Case Crime No. 87 of 2023 and Case Crime No. 88 of 2023.

Prem Shanker and 10 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:194243-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5566 of 2023

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Petitioner :- Prem Shanker And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Shukla Counsel for Respondent :- G.A.,Lalit Kumar Shukla

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Connected with

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5711 of 2023

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Petitioner :- Vedan Singh And 16 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Shukla 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 Shri Sudhanshu Shukla, learned counsel for the petitioners and Shri Lalit Kumar Shukla, learned counsel for the petitioners in connected Criminal Misc. Writ Petition No. 5711 of 2023 and Shri G.P. Singh, learned A.G.A. for the Staterespondents.

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The Criminal Misc. Writ Petition No. 5566 of 2023 has been filed praying to quash the impugned First Information Report dated 08.03.2023 registered as Case Crime No. 88 of 2023, under Sections 147, 148, 149, 452, 323, 354, 354Kh, 341, 504, 506, 307 IPC and Section 7/8 of POCSO Act, P.S. Raya, District Mathura.

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The Criminal Misc. Writ Petition No. 5711 of 2023 has been filed praying to quash the impugned First Information Report dated 08.03.2023 registered as Case Crime No. 87 of 2023, under Sections 147, 148, 149, 323, 504, 452, 506, 307, 354, 435 IPC and Section 3 (2) (va) of SC/ST Act, P.S. Raya, District Mathura.

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Vide order dated 10.05.2023, the matters were referred to the mediation centre.

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Perused the office report dated 07.10.2023 and the settlement agreement dated 14.09.2023, entered into between the parties in

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Criminal Misc. Writ Petition No. 5566 of 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 14.09.2023. 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 parties are present in the Mediation Centre and stated that they have amicably settled their dispute outside the court. In that view, they do not want to proceed future in the present dispute.

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b) That in view of the above, the Respondent No. 3, shall have no objection if the Hon'ble Court pleases to allow the Criminal Misc. Writ Petition No. 5566 of 2023.

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

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d) 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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e) 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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We have also perused the office report dated 09.10.2023 and the settlement agreement dated 14.09.2023, entered into between the parties in Criminal Misc. Writ Petition No. 5711 of 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 14.09.2023. 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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b) That in view of the above, the Respondent No. 3, shall have no objection if the Hon'ble Court pleases to allow the Criminal Misc. Writ Petition No. 5711 of 2023.

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d) 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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e) 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 08.03.2023 registered as Case Crime No. 88 of 2023, under Sections 147, 148, 149, 452, 323, 354, 354Kh, 341, 504, 506, 307 IPC and Section 7/8 of POCSO Act, P.S. Raya, District Mathura and the impugned First Information Report dated 08.03.2023 registered as Case Crime No. 87 of 2023, under Sections 147, 148, 149, 323, 504, 452, 506, 307, 354, 435 IPC and Section 3 (2) (va) of SC/ST Act, P.S. Raya, District Mathura 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 14.09.2023, the impugned First Information Report dated 08.03.2023 registered as Case Crime No. 88 of 2023, under Sections 147, 148, 149, 452, 323, 354, 354Kh, 341, 504, 506, 307 IPC and Section 7/8 of POCSO Act, P.S. Raya, District Mathura and the impugned First Information Report dated 08.03.2023 registered as Case Crime No. 87 of 2023, under Sections 147, 148, 149, 323, 504, 452, 506, 307, 354, 435 IPC and Section 3 (2) (va) of SC/ST Act, P.S. Raya, District Mathura are hereby quashed.

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The present petitions are, accordingly, allowed .

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Order Date :- 9.10.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Prem Shanker and 10 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Prem Shanker and 10 Others v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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