Quashed

Saurav Jaiswal @ Saurabh Jaiswal and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 2 Others

Allahabad HC15 Apr 2024/1910/2024

Case brief

AI extract

What is this about?

An application under Section 482 CrPC sought quashing of special criminal proceedings arising from a dispute settled by the parties through an amicably reached compromise verified by the trial court. The High Court allowed the application relying on Supreme Court precedents and quashed the criminal proceedings.

What did the court decide?

The criminal proceedings under Special S.T. No.916 of 2021 arising from Crime No.1114 of 2020 are quashed.

Saurav Jaiswal @ Saurabh Jaiswal and 2 Others Vs State of… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29864

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 1910 of 2024

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Applicant :- Saurav Jaiswal @ Saurabh Jaiswal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others

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Counsel for Applicant :- Anand Prakash Pandey,Dr.Surya Prakash Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, Sri Satendra Nath Mishra, Advocate who has filed his Vakalatnama on behalf of opposite party Nos.2 and 3, which is taken on record, and learned A.G.A.

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By means of the instant application filed under Section 482 Cr.P.C. the applicant has sought quashing of the proceedings of Special S.T. No.916 of 2021 arising out of Case Crime No.1114 of 2020 under Sections 323, 504, 506, 308 IPC, 3(1)(Da)(Dha) SC/ST Act, Police Station Kotwali Nagar, District Sultanpur. Learned counsel for the applicant submits that since the parties have amicable settled their dispute outside the Court by way of compromise which is on record. Coordinate Bench of this Court vide order dated 07.11.2023 passed in Application u/s 482 Cr.P.C. No.10977 of 2023 directed the compromise to be verified by the learned Court below.

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In compliance of the order passed by this Court, Court below vide order dated 08.12.2023 verified the compromise.

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Learned counsel for opposite party Nos.2 and 3 concedes the argument made by learned counsel for the applicant.

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Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors vs State of Gujarat & Anr : (2017) 9 SCC 641 the proceedings pending before learned trial court are liable to be quashed.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 08.12.2023 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

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Order Date :- 15.4.2024

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Saurav Jaiswal @ Saurabh Jaiswal and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Saurav Jaiswal @ Saurabh Jaiswal and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 2 Others

Case brief

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