Allowed

Aaftab Ahmad @ Babloo and 10 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC4 Jul 2024/1177/2024

Case brief

AI extract

What is this about?

The Allahabad High Court quashed the entire criminal proceedings in Sessions Trial No. 14/2022 arising from offences under IPC Sections 147, 148, 149, 307, and others. The court allowed the application under Section 482 CrPC based on a verified compromise between the parties.

What did the court decide?

The entire proceedings of Sessions Trial No. 14/2022, (State Vs Aaftab Ahmad & others), pending before the court of Learned Sessions Judge, Court No.3, Gonda, are hereby quashed in terms of the compro

Aaftab Ahmad @ Babloo and 10 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45635

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1177 of 2024

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Applicant :- Aaftab Ahmad @ Babloo And 10 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A.,Rajendra Prasad Lodhi

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Hon'ble Saurabh Lavania,J.

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Heard counsel for the applicants, learned AGA for the State of U.P. and perused the record.

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Present application under Section 482 CrPC has been filed for quashing of the entire proceedings of Sessions Trial No. 14/2022, (State Vs Aaftab Ahmad & others), pending before the court of Learned Sessions Judge, Court No.3, Gonda, arising out of Case Crime No. 18/2018, under sections 147, 148, 149, 323, 324, 307, 308, 427 I.P.C., at Police Station Katra Bazar, District Gonda, arising out of Charge sheet No. 01/2018 dated 19.02.2018, under sections 147, 148, 149, 323, 324, 325, 308, 308 I.P.C., Police Station- Katra Bazar, District- Gonda, on the basis of compromise entered into between the parties which has been duly verified by the learned Additional District & Sessions Judge, Court No.03, Gonda, vide order dated 30.01.2024 in pursuance of order dated 18.01.2024, passed by this Court in A-482 No. 420/2024, (Aaftab Ahmad @ Babloo & others Vs State of U.P. & another).

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It appears that after considering the submissions made by the learned counsel for the parties, this Court vide order dated 18.01.2024, passed in Application u/s 482 No. 420 of 2024, (Aaftab Ahmad @ Babloo & others Vs State of U.P. & another) referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

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It appears from the order dated 30.01.2024 passed by learned Additional District & Sessions Judge, Court No. 03, Gonda, that the court concerned has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.

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For the relief(s) sought, on the basis of compromise, the learned counsel for the applicants has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of

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Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 .

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Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite party No. 2 does not want to proceed with the proceedings in issue.

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Considering the submissions advanced by learned counsel for the parties and perusing the order of trial Court dated 30.01.2024 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above, and the nature of dispute/crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, the entire proceedings of Sessions Trial No. 14/2022, (State Vs Aaftab Ahmad & others), pending before the court of Learned Sessions Judge, Court No.3, Gonda, arising out of Case Crime No. 18/2018, under sections 147, 148, 149, 323, 324, 307, 308, 427 I.P.C., at Police Station- Katra Bazar, District- Gonda, arising out of Charge sheet No. 01/2018 dated 19.02.2018, under sections 147, 148, 149, 323, 324, 325, 308, 308 I.P.C., Police Station- Katra Bazar, District- Gonda, is hereby quashed in terms of the compromise entered into between the parties.

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Accordingly, the present application is allowed in above terms.

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Office/Registry is directed to send the copy of this order to concerned Court forthwith.

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Order Date :- 4.7.2024 (Manoj K.)

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Aaftab Ahmad @ Babloo and 10 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Aaftab Ahmad @ Babloo and 10 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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