Allowed

Afasar and 4 Others v. State of U.P. Thru. Addl. Chief Secy. (Home)/Prin. Secy. (Home), Lucknow and 3 Others

Allahabad HC26 Feb 2024/1423/2024

Case brief

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What is this about?

In an application under Section 482 Cr.P.C., the High Court quashed criminal proceedings instituted against the applicants arising from a personal dispute. The court noted a valid compromise between the parties and relied on Supreme Court precedents to hold that continuing proceedings would be futile.

What did the court decide?

Quashed the order dated 14.10.2019 and the proceedings of Criminal Case No.4203 of 2019 pending before the Chief Judicial Magistrate Sitapur.

Afasar and 4 Others Vs State of U.P. Thru. Addl… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17301

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1423 of 2024

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Applicant :- Afasar And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. (Home)/Prin. Secy. (Home), Lucknow And 3 Others Counsel for Applicant :- Ankit Tripathi,Ankit Mishra,Bhupendra Singh Bisht Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Ankit Tripathi, the learned counsel for the applicants, Sri Abhishek Singh, the learned State Counsel and Sri Anand Kumar Kaushal, the learned counsel for the opposite party no.2.

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2. Short counter affidavit filed by Sri Anand Kumar Kaushal, the learned counsel for opposite party No.2 is taken on record.

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3. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the order dated 14.10.2019, along with proceedings of Criminal Case No.4203 of 2019: State Vs. Afasar Ali and others, arising out of Case Crime No.325 of 2019, under Sections 147, 149, 323, 336, 308, 504, 506 I.P.C. relating to Police Station Hargaon, District Sitapur, pending before the court of learned Chief Judicial Magistrate (F.T.C./C.A.W.) Sitapur on the basis of compromise arrived at between the parties.

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4. A case bearing F.I.R. No.326 of 2018, under Sections 147, 149, 323, 325, 336, 504, 506 I.P.C. was lodged in Police Station Hargaon, District Sitapur. Both the present case and Case No.326 of 2018 are cross-cases. The parties have entered into a

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compromise, original compromise has been annexed with the affidavit, wherein it has been stated that the F.I.R. was registered due to misunderstanding between the parties and they have resolved their disputes amicably and do not want to pursue the proceedings against each other. The proceedings instituted in furtherance of F.I.R. No.326 of 2018 have already been quashed on the basis of compromise by means of an order dated 19.02.2024, passed by this Court in an application under Section 482 Cr.P.C. No.1266 of 2024. The parties have confirmed the terms of compromise.

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5. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants.

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6. I have considered the submissions of learned counsel for the parties.

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7. Considering the fact that the dispute between the parties is personal in nature and ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab : (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another : (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

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8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and proceedings of impugned order dated 14.10.2019, along with proceedings of Criminal

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Case No.4203 of 2019: State Vs. Afasar Ali and others, arising out of Case Crime No.325 of 2019, under Sections 147, 149, 323, 336, 308, 504, 506 I.P.C. relating to Police Station Hargaon, District Sitapur, pending before the court of learned Chief Judicial Magistrate (F.T.C./C.A.W.) Sitapur are quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 26.2.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Afasar and 4 Others v. State of U.P. Thru. Addl. Chief Secy. (Home)/Prin. Secy. (Home), Lucknow and 3 Others

Case brief

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Afasar and 4 Others v. State of U.P. Thru. Addl. Chief Secy. (Home)/Prin. Secy. (Home), Lucknow and 3 Others

Case brief

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