Allowed

Manish Kumar v. State of U.P. Thru. Its Prin. Secy. Home Deptt. and Anr.

Allahabad HC2 Jan 2024/2667/2017

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Section 406 IPC following a settlement agreement between the applicant and the opposite party. The court relied on Supreme Court precedents allowing compounding of non-compoundable offences based on facts and circumstances.

What did the court decide?

The entire proceedings of Charge-sheet No. 5312 of 2016 arising out of Case Crime No. 136 of 2016 u/s 406 IPC are hereby quashed.

Manish Kumar Vs State of U.P. Thru. Its Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:233

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 2667 of 2017

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Applicant :- Manish Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. And Anr.

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Counsel for Applicant :- Sanjeev Singh,Shataxi Shukla,Shuchita Singh Counsel for Opposite Party :- Govt. Advocate,Amit Kumar Singh,Rajnish Kumar Singh,Shashank Vikram Shah

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Ms. Shataxi Shukla, learned counsel for the petitioner and learned AGA for the State and Sri Rajnish Kumar Singh, Advocate who has put in appearance on behalf of opposite party no. 2.

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In the present case, the section involved is 406 IPC.

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Learned counsel for the petitioner has filed compromise / settlement letter dated 12.10.2023 entered into between the petitioner and the opposite party no. 2 whereby they have entered into the compromise by free-will.

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Learned counsel for the petitioner has submitted that the parties in dispute are not interested to pursue the criminal case.

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The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala reported in (2018) 15 Supreme Court Cases 343 has observed that even if the offence (s) in question is / are not compoundable within the scope of section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties.

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Not only the above considering the facts and circumstances of the issue in question and other dictums of Hon'ble Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8

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SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641 the entire proceedings of Charge-sheet No. 5312 of 2016; State vs. Manish Kumar, arising out of Case Crime No. 136 of 2016 u/s 406 IPC, P.S. Kotwali, District Barabanki pending in the Court of Chief Judicial Magistrate, Barabanki are hereby quashed.

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The petition is allowed .

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(Rajesh Singh Chauhan, J.)

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Order Date :- 2.1.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Manish Kumar v. State of U.P. Thru. Its Prin. Secy. Home Deptt. and Anr.

Case brief

What is this about?

What did the court decide?

Manish Kumar v. State of U.P. Thru. Its Prin. Secy. Home Deptt. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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