Allowed

Mukesh Jain Alias Baua v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC12 Apr 2024/3419/2024

Case brief

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What is this about?

Application under Section 482 Cr.P.C. sought quashing of criminal proceedings for offences under Sections 504, 506, 354 and 452 IPC on the basis of a compromise verified by the trial court. Relying on Supreme Court precedent on quashing after settlement, the High Court allowed the petition and quashed the proceedings.

What did the court decide?

Criminal Case No.43688 of 2022 arising out of Case No.243 of 2021 (Sections 504, 506, 354, 452 IPC) quashed.

Mukesh Jain Alias Baua Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29571

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 3419 of 2024

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Applicant :- Mukesh Jain Alias Baua Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Lalit Kishore Pandey 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 Pawan Kumar Mishra, Advocate who has filed his Vakalatnama on behalf of opposite party No.2, 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 Criminal Case No.43688 of 2022 arising out of Case No.243 of 2021 under Sections 504, 506, 354, 452 IPC, Police Station Chowk, Lucknow.

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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 19.10.2023 passed in Application u/s 482 Cr.P.C. No.10382 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 21.10.2023 verified the compromise. Learned counsel for respondent no.2 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 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

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677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, 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 10.1.2022 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 :- 12.4.2024 prateek

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

Mukesh Jain Alias Baua v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

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Mukesh Jain Alias Baua v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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